The URL can be used to link to this page

Home My WebLink About06-3136 SHERMAN E. THURSTON, III, PLAINTIFF : IN THE COURT : CUMBERLAND COMMON PLEAS LINTY, PENNSYLVANIA V. NO. 6L 3, SHEILA A. THURSTON, : DIVORCE DEFENDANT YOU HAVE BEEN SUED IN COURT. If you wish t set forth in the following pages, you must take prompt action. You a do so the case may proceed without you and a decree of divorce or against you by the Court. A judgment may also be entered against relief requested in these papers by the plaintiff. You may lose mone: important to you, including custody or visitation of your children. When the ground for the divorce is indignities or h marriage, you may request marriage counseling. A list of marriage Office of the Prothonotary at (717) 240-6195, Cumberland County Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR E PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIV( GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF (o defend against the claims warned that if you fail to annulment may be entered ,ou for any other claim or or property or other rights breakdown of the is available in the One Courthouse NY, DIVISION OF OR ANNULMENT IS YOU SHOULD TAKE THIS PAPER TO YOUR LA ER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN ET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 SHERMAN E. THURSTON, III, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. O 4 . 31 G SHEILA A. THURSTON, :DIVORCE ACTI N DEFENDANT COMPLAINT COUNT I - DIVORCE 1. Plaintiff, Sherman E. Thurston, III, is an adult resides at 1072-4 Lancaster Boulevard, Mechanincsburg, PA 1 2. Defendant, Sheila A. Thurston, is an adult individ at 816 Flintlock Ridge Road, Mechanicsburg, PA. 3. Plaintiff has been a bona fide resident in the G six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on Pittston, PA. 5. There have been no prior actions of divorce or foi parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is a may have the right to request that the Court require the Counseling. 8. Plaintiff requests the Court to enter a Decree of I who currently who currently resides for at least 17. 1988, in between the and that Plaintiff to participate in WHEREFORE, Plaintiff, Sherman E. Thurston, III, enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION 9. Plaintiff incorporates herein by reference Pa this Honorable Court to 1 through 8 above. 10. Plaintiff and Defendant possess various items 0 both real and personal marital property, which is subject to equitable distribution by thi$ Court. WHEREFORE, Plaintiff, Sherman E. Thurston, III, equitably distribute the marital property after an inventory filed by the parties. Respectfully NEALON G E By. I James G. Ni Attorney I.D. 2411 North I Harrisburg, f (717) 232-95 this Court to appraisement has been III, Esquire it Street 17110 a . . VERIFICATION I, Sherman E. Thurston, III, verify that the foregoing Complaint are true and correct. I understand that made subject to the penalties of 18 Pa. C.S.A. 4904 relating authorities. v- THt Dated:' made in the statements herein are unsworn falsification to 114 ? O n E ' `^ f>y_: K c 1 N p r_r, !L1 ? l I Y 7\1 K SHERMAN E. THURSTON, III, PLAINTIFF v. SHEILA A. THURSTON, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3136 DIVORCE ACTION ACCEPTANCE OF SERVICE I, Maria P. Cognetti, Esquire, hereby accept service of the Complaint filed in the above captioned matter. I certify that I am authorized to do so. CP /10/0& Date Maria P. ogn tti Esquire 1 `,.,? ? ?T ...-:- -= ?? r?,?i i `? .-?^ `? -^'C) .. ?` :'s. Cv? ^?: ? ..-G "= i e SHERMAN E. THURSTON, 111, PLAINTIFF V. SHEILA A. THURSTON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3136 DIVORCE ACTION NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at (717) 240-6195, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 •. A SHERMAN E. THURSTON, III, PLAINTIFF V. SHEILA A. THURSTON, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. Ols - 3 ?'•.S to CUSTODY ACTION COMPLAINT FOR CUSTODY 1. The Plaintiff is Sherman E. Thurston, III residing at 1072-4 Lancaster Boulevard, Mechanicsburg, Pennsylvania. 2. The Defendant is Sheila A. Thurston residing at 816 Flintlock Ridge Road, Mechanicsburg, Pennsylvania. 3. Plaintiff seeks custody of the following child: N,pme Present Residence Age Courtney E. Thurston 816 Flintlock Ridge Road 9 (DOB: 10/8/97) Mechanicsburg, PA 4. The child was not born out of wedlock. 5. The child is presently in the custody of Defendant who resides at the above referenced address. 6. During the past five (5) years, the child has resided with the following persons and at the following addresses: Persons Address Dates Defendant 816 Flintlock Ridge Road 10/05-present Mechanicsburg, PA Parties 816 Flintlock Ridge Road Prior 5 years Mechanicsburg, PA 7. The Mother of the child is the Defendant. She is currently married but separated from Plaintiff. 8. The Father of the child is the Plaintiff. He is currently married but separated from Defendant. 9. The relationship of the Plaintiff to the child is of father. The Plaintiff currently resides by himself the above referenced address. 10. The relationship of the Defendant to the child is that of mother. The defendant currently resides with herself and the minor child at the above referenced address. 11. Plaintiff has not participated as a party or witness or in another capacity in other-litigation concerning custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of the Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because father has played an active and nurturing role in the development of the child and the continued relationship would be in the best interests of the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. M +? WHEREFORE, Plaintiff, Sherman E. Thurston, III, requests the Court to grant the parties shared legal custody of the child, award Defendant primary physical custody and provide Plaintiff periods of partial physical custody of the child. Respectfully s itted, NEALON, & RY By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION 1, Sherman E. Thurston, 111, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. SHERMAN . THURSTON, III Dated: 7d Q W V fJ W °o Q V 4- c? L.J W 41 SHERMAN E. THURSTON, III PLAINTIFF V. SHEILA A. THURSTON DEFENDANT IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 06-3136 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 22, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 27, 2007 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ John j. Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VIN'x/Ale SN d ,. 9 C :Z Wd Z Z M LODZ (.4- rz- , C O' LC2- eco AdViO NO'HiOdd 3H. JO 90; 40-031U I-% SHERMAN E. THURSTON, III, Plaintiff . V. SHEILA A. THURSTON, Defendant SEP 102D01? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3136 CIVIL ACTION LAW IN CUSTODY ORM OF COURT AND NOW this I day of S Lb&, &V , 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The Father, Sherman E. Thurston, III and the Mother, Sheila A. Thurston, shall have shared legal custody of Courtney E. Thurston, date of birth 10/8/97. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including; but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The Mother shall enjoy primary physical custody of Courtney E. Thurston, date of birth 10/8/97. 3. The Father shall have periods of partial physical custody with Courtney E. Thurston every Wednesday from 4:00 pm until 7:30 pm, every Friday from after school until 7:00 pm and every other Saturday from 2:00 pm until 7:00 pm and such other times as the parties may mutually agree. It is understood that Father may have lunch with Courtney during the school week. 4. The Father is directed to schedule and participate in a limited evaluation with Scheinvold and Associates; or some, other mutually agreeable professional, concerning having the Child spend overnights with Father. Upon the recommendation of the evaluator, it is directed that Father shall have overnight custody of the Child to be phased in as appropriate for the Child's well- being. Both parties shall abide by the recommendation of the evaluator unless a party seeks relief, and is granted, by the Court. The cost of this limited evaluation, after any appropriate payment through insurance for the parties, shall be split equally between the parties. 5. Holidays: 'Major holidays with the Child shall be alternated between the parents as agreed upon. It is understood that Mother always has Mother's Day and Father always has Father's Day. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and, natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other 6- .a t parent in the presence of the Child. 7. The Mother and the Father are directed to sign any releases necessary to fully assess the custody matter. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: James Nealon, Esquire Maria Cognetti, Esquire ?o t %C.S 'r-,n `ZILL John J. Mangan, Esquire Qlir?07 VINWANN3d 90:Z Wd ! I asl `?', AMONG 3l, .40 3}4Q_M ,A A SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 06 - 3136 CIVIL ACTION LAW SHEILA A. THURSTON, IN CUSTODY Defendant CUSTODY CONCKJATION SUMMARY REPORT IN ACCORDANCE MT M- CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Courtney E. Thurston 10/8/97 Mother 2. A Conciliation Conference was held with regard to this matter on May 21, 2007 with the following individuals in attendance: The Father, Sherman Thurston, III, with his counsel, James Nealon, Esquire The Mothers'Sheila Thurston, with her counsel, Maria Cognetti, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. John J.,d 4antan, Esquire Custod Conciliator SHEILA A. THURSTON, . PLAINTIFF v. SHERMAN E. THURSTON, III, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00040-S-2006 PACSES NO. 763107962 DOCKET NO. 06-3136 PETITION TO MODIFY CUSTODY ORDER 1. Petitioner, Sherman E. Thurston, III. ("Father"), is an adult individual who currently resides at 1072-4 Lancaster Boulevard, Mechanicsburg, PA 17055. 2. Respondent, Sheila A. Thurston ("Mother"), is an adult individual who currently resides at 816 Flintlock Ridge Road, Mechanicsburg, PA 17055. 3. The parties are the parents and natural guardians of one minor child, Courtney E. Thurston (D.O.B.:10/8/97). 4. On September 11, 2007, This Honorable Court issued an Order regarding the custody of the minor child. A true and correct copy is attached hereto and incorporated herein by reference as Exhibit "A." 5. Petitioner requests that the Order be modified so it can provide him additional periods of partial custody including overnights. WHEREFORE, Petitioner, Sherman E. Thurston, III., urges This Honorable Court to modify the custody order so as to provide him additional periods of custody including overnights. Respectfully NEALON, By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Dated: 's L'? ?? Sr SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. No. 06 - 3136 CIVIL ACTION LAW SHEILA A. THURSTON, IN CUSTODY Defendant ORDER OF COURT AND NOW this day of 1007, upon consideration of the attached Custody Conciliation Report, it is Ordere and Directed as follows: 1. The Father, Sherman E. Thurston, III and the Mother, Sheila A. Thurston, shall have shared legal custody of Courtney E. Thurston, date of birth 10/8/97. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child` including, but not limited to, medical, dental, religious or school. records, the residence address of the child and of the other parent. To the extent one parent has possession of any, such records or information, that parent shall be required to share the same,,or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable'use to the other parent. 2. The Mother shall enjoy primary physical custody of Courtney E. Thurston, date of birth 10/8/97. 3. The Father shall have periods of partial physical custody with Courtney E. Thurston every Wednesday from 4:00 pm until 7:30 pm, every Friday from after school until 7:00 pm and every other Saturday from 2:00 pm until 7:00 pm and such other times as the parties may mutually agree. It is understood that Father may have lunch with Courtney during the school week. 4. The Father is directed to schedule and.participate in a limited evaluation with Scheinvold and Associates; or.some: other mutually agreeable professional, concerning having the Child spend overnights' with Father. Upon the recommendation of the evaluator, it is directed that Father shall have overnight custody of the Child to be phased in as appropriate for the Child's well- being. Both parties shall abide by the recommendation of the evaluator unless a party seeks relief, and is granted, by the Court. The cost of this limited evaluation, after any appropriate payment through insurance for the parties, shall be split equally between the parties. 5. Holidays: 'Major holidays with the. Child shall be alternated between the parents as agreed upon. It is understood that Mother always has Mother's Day and Father always has Father's Day. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both arties shall not allow third parties disparage the other 5 parent in the presence of the Child. 7. The Mother and the Father are directed to sign any releases necessary to fully assess the custody matter. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, J. Distribution: James Nealon, Esquire Maria Cognetti, Esquire John J. Mangan, Esquire TRUE COPY FROM RECORD n Testimony wher8d. I hets Unto set my hand nd the sees of said !M? at Carlisle. Pa . rothonotary SHERMAN E. THURSTON, III, Plaintiff V. SHEILA A. THURSTON; Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3136 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUAU9ARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: L The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Courtney E. Thurston .10/8/97 Mother 2. A Conciliation Conference was held with regard to this matter on May 21, 2007 with the following individuals in attendance: The Father, Sherman Thurston, III, with his counsel, James Nealon, Esquire The Mother,'Sheila Thurston, with her counsel, Maria Cognetti, Esquire. 3. The parties, agreed to the entry of an Order in the form as attached. John J. an an, Esquire Custod Conciliator VERIFICATION I, Sherman E. Thurston, III, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. DATE: h an E. T urston, III CERTIFICATE OF SERVICE And now, this I day of '' , 2008, I hereby certify that a copy of the forgoing Petition to Modify Custody Orderwas served upon the following via United States mail, first-class, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, Pennsylvania 17011 James G. Nealon, III, Esquire 3& `4 O 't> es f rQ SHEILA A. THURSTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERMAN E. THURSTON, III DEFENDANT 2006-3136 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 02, 2008 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s! John j Mangan, r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Won+ kr or ;.-?m, v.5 kwg-,*ft? wd S- w ' 40 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SHERMAN E. THURSTON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. SHEILA A. THURSTON, Defendant No. 06-3136 CIVIL ACTION - LAW IN DIVORCE MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS PURSUANT TO Pa. R.C.P. 4019 AND NOW, comes Defendant, Sheila A. Thurston, by and through her attorney, Maria P. Cognetti, Esquire, and moves this Honorable Court to compel Plaintiff's response to Defendant's Second Request for Production of Documents Directed to Plaintiff and for sanctions pursuant to Pa.C.R.P. 4019, and in support thereof avers as follows: 1. Movant is Sheila A. Thurston (hereinafter referred to as "Wife"), an adult individual currently residing at 816 Flint Lock Ridge Road, Mechanicsburg, Pennsylvania. 2. Respondent is Sherman E. Thurston, III (hereinafter referred to as "Husband"), an adult individual currently residing at 1072-4 Lancaster Blvd., Mechanicsburg, Pennsylvania. 3. On or about April 29, 2008, Wife's attorney served discovery in the form of Defendant's Second Request for Production of Documents Directed to Plaintiff on Husband's attorney, James G. Nealon, III, Esquire, 2411 North Front Street, Harrisburg, PA, 17110. A copy of this discovery request is attached hereto, made a part hereof and marked as Exhibit "A." 4. The discovery request was issued pursuant to Pa.R.C.P. 4009.11 and 4011. 5. The responses to said discovery were due on or about May 29, 2008. 6. On November 17, 2008, Wife's attorney sent a letter to Husband's attorney noting that discovery had been served on April 29, 2008, and asking that responses to same be received within ten (10) days. 7. Husband has failed to provide the discovery requested on April 29, 2008, or acknowledge Wife's attorney's letter of November 17, 2008. 8. More than nine (9) months have expired since Wife's counsel served Husband's counsel with Defendant's Second Request for Production of Documents Directed to Plaintiff. 9. Husband's counsel has not requested an extension of time, nor has he objected to Wife's discovery requests of April 29, 2008. 10. The information requested by Wife is essential to the proper development and presentation of her case. 11. Husband's failure and refusal to respond to Wife's discovery requests is unreasonable and unjustified. 12. Pa.R.C.P. 4009.12 regarding answers to Requests for Production of Documents, requires answers be made within thirty (30) days, including objections and statements that there exists no documents responsive to the request. 13. Pa.R.C.P. 4019(c)(2) states that the Court may make an order prohibiting a disobedient party from introducing testimony, documents or things, for failure to serve answers, sufficient answers or objections. 14. Wife has incurred otherwise unnecessary counsel fees and expenses in the preparation and filing of this Motion. 15. Pa.R.C.P. 4019(g)(1) states that the Court, after a hearing and Order to compel compliance may require a party to pay the moving party's reasonable expenses, including attorneys' fees, if the Order for compliance is not obeyed and a Motion for Sanctions is filed and granted. 16. Wife seeks an Order directing Husband to pay all reasonable expenses associated with the filing of this Motion. 17. Counsel for Wife has contacted Counsel for Husband regarding the filing of the present Motion and Counsel for Husband does not concur with the requested relief. WHEREFORE, Wife respectfully requests this Honorable Court enter an Order directing Husband to provide full and complete, verified responses to Defendant's Second Request for Production of Documents Directed to Plaintiff within ten (10) days and to pay Wife's reasonable fees and expenses in connection with the filing and disposition of this matter. MARIA P. COGNETTI & ASSOCIATES Date: February 18, 2009 By: MARIA P! COON TTI, ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant 3 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SHERMAN E. THURSTON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-3136 SHEILA A. THURSTON, Defendant : IN DIVORCE DEFENDANT'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF TO: Sherman E. Thurston, III c/o James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 Instructions and Definitions Defendant, Sheila A. Thurston, by her undersigned counsel, hereby propounds the following request for production of documents and tangible things pursuant to Rule 4009.1 et seq. of the Pennsylvania Rules of Civil Procedure. The documents and tangible things requested herein must be produced at the law offices of Maria P. Cognetti & Associates, within thirty days. Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered request as a whole. If you have any objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. You must file and serve a written response to these requests within thirty days of service of these requests upon you, regardless of the time set for production of the documents and things requested herein. You are reminded that any objections not raised within the thirty-day period provided for by Pa.R.C.P. 4009.12 will be deemed to have been waived by you. These requests are not only for documents and tangible things that are owned by you, but also for documents and tangible things that are in your possession, custody, or control. This means that you must produce all documents and tangible things that are responsive to a particular request and that are in your possession (regardless of whether they are your property), or over which you have control even if they are not in your possession. It also means you must produce documents and tangible things that are in the possession, custody, or control of your agents, employees, and/or attorneys. Before responding to these requests you are required to make a diligent search of your files and records to ascertain whether you have documents that would be responsive to a given request. Your agents, employees, and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the following terms have the following meanings in these requests, unless a particular request clearly indicates otherwise: "You" or "your" refers to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally cognizable entity. It is contemplated that any corporation or other business entity acts only through its agents, officers, employees, and attorneys, and requests that apply to any such legal entity should be construed accordingly. "Defendant" means the defendant or defendants named in this action. "Plaintiff' means the particular plaintiff or plaintiffs in this action to whom this request is addressed, as set forth above. "Document," "record," "file," and "report" all refer to and contemplate all written, recorded, or graphic information, whether preserved in writing, on magnetic tape, by electronic means, in photographic form, on microfilm or microfiche, computer disc, or by any other means of information retrieval or storage. "Identify" when used in reference to an individual means: (1) To state his/her full name. (ii) Present residence or last known residence. REQUESTS All financial statements prepared by you or on your behalf for the past seven years. 2. Computer-generated records of income and payments from your Quicken or similar computer program for the past seven years. 3. All statements, including canceled checks, check registers or stubs, and deposit slips issued by Fulton Bank for checking and/or savings account number 3622-91806 and for checking and/or savings account number 3620-35442 from six months prior to date of separation through the present date, excluding statements dated 5/26/06 -12/25/06 for account number 3622-91806, and statement dated 10/4/05 -11/3/05 for account number 3620-35442, which were previously provided. 4. All loan applications and loan documents pertaining to any sums ofmoney borrowed or to be borrowed by you, individually or j ointly with any other person, or as guarantor from January 1, 2001 through the present. 5. All brokerage statements pertaining to any accounts in which you individually, or with others, had any interest from six months prior to date of separation through the present date, including but not limited to Banc of America Investment Services, Inc. #L76-327930, Wells Fargo Advantage Funds account, Quick and Reilly account, and any non IRA Fidelity account. 6. All securities, including tax-free bonds and funds, in which you individually, or jointly with any other person, had any interest as of January 1, 2001 through the present. 7. All stock certificates, not in house accounts, in which you individually or jointly with any other person, had any interest as of January 1, 2001 through the present. 8. All mutual fund statements received by you from January 1, 2001 through the present. 9. All treasurynotes, treasury bills, U.S. Savings Bonds, corporate bonds, and municipal bonds, presently owned or in which you, individually or jointly with any other person, had any interest as of January 1, 2001 through the present. 10. All savings certificates or certificates of deposit, or other depository receipts presently owned or in which you had any interest on January 1, 2001 through the present. 11. All documents including, but not limited to, any individual retirement account, pension or profit sharing plan, savings plan, Keogh, 401(k) Plan, annuity benefits, retirement plan, stock bonus plan, stock option plan, thrift plan (excluding social security benefits), with your present employer, or any previous employer, or regarding any other retirement benefits in which you, individually or with others, have or had any interest with benefits still due, including the summary plan description, and other such information regarding the terms of the retirement plan, as well as annual statements for the past five years, the statement closest to the date of marriage and the statements immediately preceding and immediately following the date of separation. 12. All statements from any and all IRA accounts in which you have or had any interest, from January 2001 through the present, including but not limited to Fidelity Rollover account number 147-475327 and Fidelity Sep-IRA account number 147-435015. 13. All monthly credit card statements and other charge account statements (MasterCard, Visa, American Express, Discover, department stores, oil and gas companies, etc.), and supporting information, the accounts of which are in your name individually or jointly with any other person, from six months prior to date of separation through six months following date of separation, particularly for any charge accounts you claim to be marital debt. 14. Documentation verifying the sale by you of any asset having a value in excess of $500.00 from January 1, 2001 through the present. 15. All documentation evidencing the removal, transfer, redemption, or disbursement by you of any funds from any savings accounts, certificates of deposit, or other depository receipt from January 1, 2001 through the present. 16. a. The lease or deed for the premises where you are presently residing. b. Copies of all written appraisals performed of the premises during the past five years. 17. If you have been involved in litigation as a plaintiff in the past five years, a copy of the Complaint, and a copy of any written correspondence or other documentation memorializing any settlement offers made by or on your behalf. 18. If you have been involved in litigation as a defendant in the past five years, a copy of the Complaint, and a copy of any written correspondence or other documentation memorializing any settlement demands made by you or on your behalf. 19. All documentation or written instruments evidencing any existing debt obligation due to you. 20. a. All Agreements of Purchase, or settlement statements of all real estate transactions for real properties presently owned by you. b. All Purchase and Sales Agreements or settlement statements of all real estate transactions for real properties sold by you in the past five years. 21. All documents relating to the purchase of a motor vehicle presently owned by you, or in which you had an interest from six months prior to date of separation through the present 4 • date (including a copy of the title to the vehicle), including but not limited to the 1998 Buick LaSabre, 1993 Nissan Sentra, 1995 Buick Century, and 1999 Buick Park Avenue, to which previous reference was made in Answers to Interrogatories. 22. All documents pertaining to life insurance and annuity policies in which you have any interest as an owner, insured, or beneficiary, including any change of beneficiary forms executed by you within the last five years, including but not limited to Jackson National Life Insurance policy number 0024188220, Jackson National Life Insurance policy number 0018960570, John Hancock Life Insurance policy number VL000 257376, and Prudential Variable Life Insurance policy number R1 178 52. 23. All statements for all life insurance or annuity policies showing the cash surrender value from six months prior to date of separation through the present date, including but not limited to for Jackson National Life Insurance policy number 0024188220, Jackson National Life Insurance policy number 0018960570, John Hancock Life Insurance policy number VL000 257376, and Prudential Variable Life Insurance policy number R1 178 52. 24. All appraisals of real estate or personalty performed in the past five years. 25. A prospectus of all investments in which you had any interest for the past five years. 26. Copies of all documents evidencing improvements to the marital residence from the date of separation to the present. 27. Copies of any gift tax returns for the previous five years. 28. Copies of all leases on which you are a lessor or lessee at the present or at the date of separation. MARIA P. COGNETTI & ASSOCIATES Date: a 9 O7 By: IWO lu 12, MARIAIIP. C . G TTI, ESQUIRE Attorney I.D. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, Sherman E. Thurston, III, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. DATE: Sherman E. Thurston, III CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that on April 29,2008, I served a true and correct copy of the foregoing Defendant's Second Request for Production of Documents Directed to Plaintiff at the address indicated below: James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 Service bv: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Prothonotary of County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: April 29, 2008 By: MARIA P. g9)GNETTI, ESQUIRE Attorney I.D. N o. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that on February / 9 2009, I served a true and correct copy of the foregoing Motion to Compel Discovery and for Sanctions Pursuant to Pa. R.C.P. 4019 at the address indicated below: James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA, 17110 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: February 18, 2009 By: MARIA P. COGJE1 TI ESQUIRE Attorney I.D. No. 27114 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant 4 f4 q , s =G I SHERMAN E. THURSTON, III, Plaintiff V. SHEILA A. THURSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-3136 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, to wit, this 2--4- day of ?, 2009, upon consideration of Defendant's Motion, IT IS HEREBY ORDERED that a Rule is issued upon Plaintiff to show cause why Defendant's Motion should not be granted. Rule returnable X days from date of service upon Plaintiffs counsel J. Distribution: ?J es C. Nealon, III, Esquire, 2411 North Front Street, Harrisburg, PA 1 7110 ,,-'Maria P. Cognetti, Esquire, 210 Grandview Ave., Suite 102, Camp Hill, PA 17011 t rYt,`a t LL 31?I?' lvvno SS •v 'd 3- NVN 60QZ FEB 2 6 2009- -5 SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 06 - 3136 CIVIL ACTION LAW SHEILA A. THURSTON, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW this 'I t? day of February 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Order entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Sherman E. Thurston, III and the Mother, Sheila A. Thurston, shall have shared legal custody of Courtney E. Thurston, date of birth 10/8/97. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Mother shall have primary physical custody of Courtney E. Thurston, date of birth 10/8/97 subject to Father's partial physical custody as follows: a. The Father shall have periods of partial physical custody with Courtney E. Thurston every Wednesday from 4:00 pm until 7:30 pm, every Friday from after school until 7:00 pm and every other Saturday from 2:00 pm until 7:00 pm. b. Additionally, Father shall have physical custody of Courtney as such other times as the parties may agree. C. Father shall have visits at school for the lunch break with Courtney during the school week. 4. The Father is directed to take the initiative to schedule and participate in a limited evaluation with Shienvold and Associates, or some other mutually agreeable professional, concerning having the Child spend overnights with Father. Upon the recommendation of the evaluator, it is directed that Father shall have overnight custody of the Child to be phased in as appropriate for the Child's well-being. Both parties shall abide by the recommendation of the evaluator unless a party seeks relief, and is granted, by the Court. The cost of this limited evaluation, after any appropriate payment through insurance for the parties, shall be split equally between the parties. 5. Holidays: Major holidays with the Child shall be alternated between the parents as agreed upon. It is understood that Mother always has Mother's Day and Father always has Father's Day. In the absence of agreement, the parties may contact the assigned conciliator to fashion a holiday schedule. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. The Mother and the Father are directed to sign any releases necessary to fully assess the custody matter. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. Once the evaluation is completed in regard to Father having overnights with Courtney, in the event that either party is not satisfied with the recommendation, the parties have the opportunity to contact the assigned conciliator to schedule another conciliation conference to ascertain the appropriateness of expanded periods of Father's time with the Child; Le overnights. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, ?a Vi. distribution: ?J es Nealon, Esquire tohn a Cognetti, Esquire J. Mangan, Esquire 3 L/oT ?100 ,Ivnor, v 8 1 ? ?£ ltd C- v lwlm? 16,11, do SHERMAN E. THURSTON, III, Plaintiff V. SHEILA A. THURSTON, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3136 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Courtney E. Thurston 10/8/97 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 21, 2007, an Order was issued September 11, 2007, a conference was held February 23, 2009 with the following individuals in attendance: The Father, Sherman Thurston, III, with his counsel, James Nealon, Esquire The Mother, Sheila Thurston, with her counsel, Maria Cognetti, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. V Date e J J. an an, Esq ui9K usto y Conciliator MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SHEILA A. THURSTON, Defendant DOCKET NO. 06-3136 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Rule to Show Cause dated March 2, 2009, was served upon James G. Nealon, III, Esquire, counsel for Plaintiff, Sherman E. Thurston, III, by certified mail, return receipt requested, on March 10, 2009. The original signed return receipt, number 7008 0150 0002 5365 2556 is attached hereto and made a part hereof. Dated: March 17, 2009 MARIA P. COGNETTI & ASSOCIATES By: 1(lov:0-p4? k* MARIA P. CO NET , ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 0 CwnpWb hMW1,2 4,0 !oo4aw iiAs Ilem 4 ff RNtrl?ed '? P so V* we ow mb" to rint your wwAn& ?rr,? C VWW ¦ Attach this cWd to the badt of the mdoo", or an the fibrin qm6e per. 1. Ardch AddrlisW ?y +1-rorak s?et 4ifYES,~ddvwy Dios d DNlwiy ddmy addan dNrm from Mm 12 fibs ad 1 bww. G No & SNOW ji?c ru t wr o awm and O R?dtoew I )Sr)wsm FkaW libr lMlr min cMs D 6v«wd and D =D. 4. Rfrbtcbd Ddv"? OWN FW 1 %a 7008 0150 0002 5365 2556 MaBeMr Abni jwli? IMbi?4 _ P3 Farm 3811, a -,r a ? r SHERMAN E. THURSTON, III, PLAINTIFF V. SHEILA A. THURSTON, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3136 CIVIL ACTION - LAW IN DIVORCE PURSUANT TO PA.C.R.P. 4009 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Counsel for Husband has a recollection that issue was discussed and Counsel for Wife was advised that the Request for Production of Documents was largely duplicative of an earlier Request for Production of Documents. 8. Admitted. 9. Denied. Counsel for Husband has served upon Counsel for Wife an Objection to the Request for Production of Documents. 10. Denied. Wife has all essential documents to develop and present her case. 11. Denied. Wife has unreasonably request documents on multiple occasions and not sought discovery in good faith. 12. Admitted. 13. Admitted. 14. Denied. Wife is unreasonably requesting discovery. 15. Denied. Generally, sanction should only be permitted after a party has failed to a Court Order compelling discovery. 16. Denied. Wife is not entitled to an Order since she has requested discovery in bad faith. 17. Admitted. WHEREFORE, Plaintiff, Sherman E. Thurston, III, urges this Honorable Court to dismiss Plaintiffs motion to compel discovery. Respectfully bm- e NEALON LA: .. PC By. ?r James G. Nealon, III, Esquire Attorney I . D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 0 day of March, 2009, 1 hereby certify that I have served the foregoing RESPONSE OF THE PLAINTIFF, SHERMAN E. THURSTON, III, TO DEFENDANT'S MOTION TO COMPEL DISCOVERY AND SANCTIONS PURSUANT TO PA.C.R.P. 4009, on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Maria P. Cognetti, Esquire 210 Grandview Avenue, Sutie 102 Camp Hill, Pennsylvania 17011 James G. Nealon, III, Esquire Attorney for Plaintiff I . D. #46457 Cis cz-Z i'?:e} _ p fl1 ?V `l7 fN < SHERMAN E. THURSTON, III, PLAINTIFF V. SHEILA A. THURSTON, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3136 CIVIL ACTION - LAW IN DIVORCE 1. On or about December 27, 2006, Defendant, Sheila A. Thurston ("Wife"), served upon counsel for Plaintiff, Sherman E. Thurston, III ("Husband"), a Request for Production of Documents. A true and correct copy of the request is attached hereto and incorporated herein by reference at Exhibit "A". 2. On or about February 1, 2007, counsel for Husband served upon counsel for Wife a Response to the Request for Production of Documents. A'true and correct copy of the Response (without the attached documents) is attached hereto and incorporated herein by reference as Exhibit "B". 3. On April 29, 2008, counsel for Wife served upon counsel for Husband a Second Request for Production of Documents. A true and correct copy of this request is attached hereto and incorporated herein by reference as Exhibit "C". 4. The items requested in the Second Request for Production of Documents are duplicative of the First Request for Production of Documents. 5. Wife has served a total of 88 individual requests for production of documents not including subparts. This is a relatively uncomplicated divorce action. The document requests are excessive considering the nature and the complexity of the instant action. 6. Pa. R.C. P 4011 provides: No Discovery or Deposition shall be permitted which further: (a) Is sought in bad faith; (b) Would cause unreasonable annoyance, embarrassment, oppression, burden or expense to the deponent or any person of the party.... (c) Would require the making of an unreasonable investigation by the deponent or any party or witness. 7. The second request for production of documents is beyond the scope of the Pennsylvania Rules of Civil Procedure. 8. If counsel for Wife wants to identify specific idioms that need to be updated or produced, counsel for Husband will respond. WHEREFORE, Plaintiff, Sherman E. Thurston, III, objects to the Defendant's Second Request for Production of Documents. Respectfully subrrfitte)d, NEALON LP(W F11RM. PC By: \--y Z:? ' " James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 4w ? CERTIFICATE OF SERVICE r? AND NOW, this day of March, 2009, 1 hereby certify that I caused to be deposited into the United States Mail at York, Pennsylvania, postage prepaid, a true and correct copy of the foregoing Objection to Defendant's Second Request for Production of Documents addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, Pennsylvania 17011 James G. Nealon, III, Esquire Attorney for Plaintiff I. D. #46457 ?- ... N ?") ?, - n r. ..? ? ?? - ?,,-. s ?-... , . ;? '.' , ^'i 1 ..?y -??? C. ? SHERMAN E. THURSTON, IN THE COURT OF COMMON PLEAS OF III CUMBERLAND COUNTY, PENNSYLVANIA V. SHEILA A. THURSTON NO. 2006 - 3136 CIVIL TERM ORDER OF COURT AND NOW, this 4T" day of MAY, 2009, a conference to address Plaintiff's Objections to Defendant's Second Request for Production of Documents will be held on FRIDAY, MAY 22, 2009, at 10:30 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. James C. Nealon, III, Esquire -.-,<aria P. Cognetti, Esquire Court Administrator - :sld n w I ES /riu t 14cL s?Lf? pt%.C-C 41,?) 1tL Edward E. Guido, J. VINVAUl NN3d -ql :al wv 9- Avw 6wz MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SHERMAN E. THURSTON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06-3136 SHEILA A. THURSTON, : CIVIL ACTION - LAW Defendant : IN DIVORCE ASSIGNED JUDGE: EDWARD E. GUIDO MOTION FOR CONTINUANCE AND NOW, comes Defendant, Sheila A. Thurston, by and through her attorney, Maria P. Cognetti, Esquire, and brings this Motion for Continuance, and in support thereof, respectfully represent as follows: 1. 2. 3. for Sanctions. 4. to Discovery. Sherman E. Thurston, III, is the Plaintiff in the above-captioned matter. Sheila A. Thurston is the Defendant in the above-captioned matter. On or about February 18, 2009, Defendant filed a Motion to Compel Discovery and On or about March 23, 2009, Plaintiff filed a Response to said Motion and Objections By Order dated May 4, 2009, a conference was scheduled with the Honorable Edward E. Guido for May 22, 2009, at 10:30 a.m. 6. Defendant's counsel is unavailable on the date of the conference due to a family emergency and is therefore in need of a continuance of the conference scheduled in this matter. 7. Plaintiff s counsel has no objection to the continuance of this matter. WHEREFORE, Defendant requests this Honorable Court grant a continuance of the above- mentioned matter. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES A It /I I z? c Date: May 20, 2009 By: MARIA C GNETTI, ESQUI Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Motion for Continuance at the address indicated below: James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 Service by: Personal service via hand delivery x Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery x Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES , Date: May 20, 2009 By: lz"6?22r MAKIXP. COGNETT Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant FILED- ,:)F TFTE 2uU9 MAY 21 Alhi fu: 1 v ., 3 MAY 2 2 200 SHERMAN E. THURSTON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06-3136 SHEILA A. THURSTON, : CIVIL ACTION - LAW Defendant : IN DIVORCE ASSIGNED JUDGE: EDWARD E. GUIDO ORDER OF COURT AND NOW, to wit, this j ?day of Ai L , 2009, upon consideration of the Motion for Continuance filed by Defendant, it is hereby ORDERED AND DECREED that the Conference scheduled in this matter for May 22, 2009, has been rescheduled to the ZA of VLe/Vfr , 2009, at 'clocVA.m. in Courtroom #3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. i .'t - w SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 06-3136 SHEILA A. THURSTON, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 12th day of June, 2009, by agreement of the parties, husband shall provide the following within 30 days of today's date: 1. All Statements for any accounts in which he has an ownership interest, other than with wife, from 6 months prior to separation to today's date. 2. Responses to all other interrogatories and/or requests for production of documents for property other than that in which wife is a co-owner. If husband provides the requested information as per this order, the claim for attorney's fees will be denied. Otherwise, we will reconsider the entire picture if the information is not timely provided - James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 :mlc OF THE " r?"IGTkRY 2099 JUN 16 Phi 4: 04 GilP?i _11??; ::1:,JTY L, ?Ni IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERMAN E. THURSTON, III . Plaintiff Vs. . Docket No. 06-3136 SHEILA A. tHURSTON Defendant MOTION FOR APPOINTMENT OF MASTER SHERMAN E. THURSTON, I I I(Plaintift) (Defendant), moves the court to appoint a master with respect to the following claims: () Divorce Distribution of Property () Annulment () Support O Alimony O Counsel Fees O Alimony Pendente Lite O Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) ftKi tt) appeared in the action (pacemzky) (by his attorney, Maria P. Cognetti , Esquire). (3) The Staturory ground (s) for divorce (is) (are) 3303 (c] ) (4) Delete the inapp c le paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: (5) The actionAj*jF*4) (does not involve) co ex it es of law or fact (6) The hearing is expected to take 6 RA*X C(days) (7) Additional information, if an levant f, to the motion: Date: 3 'y" Attorney for (Plaintiff) (miWxx Print Attorney Name ......... JAMES G. NEALON, III ORDER APPOINTING MASTER AND NOW, , 20 , Esquire is appointed master with respect to the following claims: By the Court: CERTIFICATE OF SERVICE AND NOW, this day of August, 2009, 1 hereby certify that I have served the foregoing Motion for Appointment of Master on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, Pennsylvania 17011 James G. Nealon, III, Esquire Attorney for Plaintiff I.D. #46457 k IL 2009 AUG -5 FPM 1= 2 C??? _. .??dTY t AUG 0 6 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERMAN E. THURSTON, III Plaintiff Vs. Docket No. 06-3136 SHEILA A. THURSTON . Defendant MOTION FOR APPOINTMENT OF MASTER SHERMAN E. THURSTON, III(Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: () Divorce Distribution of Property () Annulment () Support O Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) ftKA9[t) appeared in the action (pemmskyy) (by his attorney, Maria P. Cognetti , Esquire). (3) The Staturory ground (s) for divorce (is) (are) (4) Delete the inapplic le paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: (5) The actionAjjT*ft) (does not involve) co ex is ues of law or fact (6) The hearing is expected to take r r? (days). (7) Additional information, if an levant, to the motion: Date: 3 4 - -?- ::?v - X 0 5 Attorney for (Plaintiff) (MMM9(xx Print Attorney Name ......... JAMES G. NEALON, III z Esquire AND NOW, LAIL4o is appointed master respect to the following claims; &? ? ?(_ f I 4 2C0 9 AUG' - i f" 2-, 01 F oof , '" ? pa4y J . Nei La,J MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-3136 SHEILA A. THURSTON, CIVIL ACTION - LAW Defendant IN DIVORCE PETITION FOR ECONOMIC CLAIMS AND NOW comes Defendant, SHEILA A. THURSTON, by her attorney, Maria P. Cognetti, Esquire, and petitions this Honorable Court for alimony, alimony pendente lite, counsel fees and expenses relative to Plaintiff's Complaint in Divorce, and in support thereof, respectfully represents as follows: 1. By reason of this action, Defendant has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 2. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 3. Defendant's income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain herself during the pendency of this action. 4. Plaintiff has adequate earnings to provide for Defendant's support and to pay her counsel fees, costs and expenses. 5. Defendant lacks sufficient property to provide for her reasonable needs. 6. Defendant is unable to support herself through appropriate employment. 7. Plaintiff has sufficient income and assets to provide continuing support for Defendant. WHEREFORE, Defendant prays this Honorable Court enter an Order awarding her alimony, alimony pendente lite, counsel fees, expenses and costs. MARIA P. COGNETTI & ASSOCIATES Date: September 8, 2009 By: / ' ? - " " '-" MARIA P. O N TTI, ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, SHEILA A. THURSTON, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. c l -91HEILA A. THURSTON DATE: q- 0 a CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Economic Claims at the address indicated below: James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: September 8, 2009 By: MARIA P. CQ ETTI, ESQUIRE Attorney I.D. *,W27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant FILE O OF THE FF ,? itWgy 2009 SEP 10 P?l 1: 2 PENN tSr1,IN ? 59 • oo P,p PTrf Cis' 4554 a3og09 ?'4??t??1 tP_ SHERMAN E. THURSTON, III, Plaintiff V. SHEILA A. THURSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-3136 : CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER SHEILA A. THURSTON, moves the court to appoint a Master with respect to the following claims: ( X ) Divorce ( ) Distribution (X) Alimony ( X ) Counsel Fees ( X ) Alimony Pendente Lite ( X ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, James G. Nealon, III. (3) The statutory grounds for divorce are: 3301(c) and 3301(d). (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An Agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take ONE day. (7) Additional information, if any, relevant to the motion: Plaintiff has filed a motion for Appointment as to the claim for equitable distribution. D ndant is filing a Motion as to divorce, alimony, alimony pendente lite, and counsel fees, co is jxn?xpo4es. Date: September 8, 2009 Maria P.`Cogr et , Esquire Attorney for Defendant ORDER APPOINTING DIVORCE MASTER AND NOW, this day of , 2009, E. Robert Elicker, II, Esquire is appointed as Divorce Master with respect to the following claims: Divorce, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses. BY THE COURT: I CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Motion for Appointment of Master at the address indicated below: James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 Service bv• Personal service via hand delivery x Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: September 8, 2009 By: MARIA P: COG TIC I'TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant OF TH7 fly,, , ar,h ")TARY 2009 SEE 16 PH i CUM „, SEP 212009 67 SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 06-3136 SHEILA A. THURSTON, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER claims: SHEILA A. THURSTON, moves the court to appoint a Master with respect to the following ( X ) Divorce (X) Alimony ( X ) Alimony Pendente Lite ( ) Distribution ( X) Counsel Fees ( X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, James G. Nealon, III. (3) The statutory grounds for divorce are: 3301(c) and 3301(d). (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An Agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take ONE day. (7) Additional information, if any, relevant to the motion: Plaintiff has filed a motion for Appointment as to the claim for equitable distribution. D ndant is filing a Motion as to divorce, alimony, alimony pendente lite, and counsel fees, co is xpes. - Date: September 8, 2009 Maria P.`Cog tt , Esquire Attorney for Defendant ORDER APPOINTING DIVORCE MASTER AND NOW, this _,geday of 99&4" - '2009, E. Robert Elicker, II, Esquire is appointed as Divorce Master with re pec to the following claims: Divorce, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses. BY E CO " ? G J. R, CE 2009 SEP 22 AM 11: 314 QIa?,?d9- l:o??Es ?y J . n-t?L t u JAMES G. NEALON, III, ESQUIRE NEALON LAW FIRM, PC inealon()nealon-law.com 717/648-3133 N a SHERMAN E. THURSTON, III, PLAINTIFF V. SHEILA A. THURSTON, DEFENDANT : IN THE COURT OF COMA : CUMBERLAND COUNTY, NO. 06-3136 DIVORCE ACTION PRAECIPE TO WITHDRAWAL APPEARANCE To The Prothonotary: r Please withdraw the appearance of the undersigned counsel on behalf of the Plaintiff, Sherman E. Thurston, with respect to the above captioned matter. alas1 ) o Respectfully submitted, NEALON LAW FIRM, PC B 4reme G. Nealon, I11, Esquire Court I.D. #46457 P.O. Box 771 Hummelstown, Pa 17036 o P s R r 01 SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV ANIA ° !pn v. NO. 2006-3136 co mc SHEILA E. THURSTON, CIVIL ACTION - LAW; Defendant IN DIVORCE} PEARANCE PRAECIPE TO ENTER AP t TO THE PROTHONOTARY: Please enter the appearances of Max J. Smith, Jr., Esquire and Jarad W. Handelman, Esquire as counsel for Sherman E. Thurston, III, Plaintiff in the above-captioned matter. Date: March _1, 2010 Max J. Smith, Jr., squire I.D. No. 32114 Jarad W. Handelman, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 2 SHERMAN E. THURSTON, III, Plaintiff V. SHEILA A. THURSTON, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3136 CIVIL ACTION LA ' C_ --- a -,, IN CUSTODY r, it w J c C ORDER OF COURT cx7 AND NOW this _k' day of March 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. This Order is entered pursuant to a Custody onciliation Conference. A Custody Hearing is hereby scheduled on the AiPL- day of , 2010 at /,"49 am/pm in Courtroom number 2 in the Cumberland Count Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Legal Custody: The Father, Sherman E. Thurston, III and the Mother, Sheila A. Thurston, shall have shared legal custody of Courtney E. Thurston, date of birth 10/8/97. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: The Mother shall have primary physical custody of Courtney E. Thurston, date of birth 10/8/97 subject to Father's partial physical custody as follows: a. For one month, commencing the weekend beginning 04/02/10, Father shall have alternating weekends with Courtney from after school on Friday until 9:00 pm, Saturday 10:00 am until 9:00 pm, Sunday from 9:00 am until 8:00 pm and every Wednesday from 4:00 pm until 7:30 pm. b. In month two, Father shall have physical custody on alternating weekends from Friday after school until Saturday 9:00 am, Sunday from 9:00 am until 8:00 pm and every Wednesday from 4:00 pm until 7:30 pm. C. In month three, and continuing until further Order of Court, Father shall have physical custody on alternating weekends from Friday after school until Sunday 8:00 pm and every Wednesday from 4:00 pm until 7:30 pm. d. Additionally, Father shall have physical custody of Courtney as such other times as the parties may agree. e. Father shall have visits at school for the lunch break with Courtney during the school week. Holidays: Major holidays with the Child shall be alternated between the parents as agreed upon. It is understood that Mother always has Mother's Day and Father always has Father's Day. In the absence of agreement, the parties may contact the assigned conciliator to fashion a holiday schedule. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, D' bution: .? Smith, Esquire ,, aria Cognetti, Esquire n J. Mangan, Esquire .v-1a ` LCCL 31311w trlry'1 Month One Monday Tuesday Wednesday Thursday Friday Saturday Sunda M M D 4 pm M M D until D from 10 D from 9 am M 7:30 m g pm am to 9 m to 8 m M M D4pmto M M M M M 7:30 pm Month Two Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M M D 4 pm to M M I D D until M D from 9 7:30 m 9pm amto8pm M M M D4pmto M M M M 7:30 pm Month Three Monday Tuesday Wednesday Thursday Frida Saturday Sunda M M M D 4 pm to M M D D D until M 7:30 m 8 m M M M D4pmto M M M M 7:30 m SHERMAN E. THURSTON, III, Plaintiff V. SHEILA A. THURSTON, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3136 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Courtney E. Thurston 10/8/97 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 21, 2007, an Order was issued September 11, 2007, a conference was held February 23, 2009, an Order was issued February 27, 2009 and a conference was held March 24, 2010 with the following individuals in attendance: The Father, Sherman Thurston, III, with his counsel, Max Smith, Esquire The Mother, Sheila Thurston, with her counsel, Maria Cognetti, Esquire. 3. Mother's position on custody is as follows: Mother would like the status quo to remain in place with Father having physical custody approximately three and one half hours every Wednesday and Friday and five hours every other Saturday. Mother does not agree that it is in Courtney's best interest to be having any overnights with Father. 4. Father's position on custody is as follows: Father is very frustrated that he has not had any overnights for a significant period of time (at least over one year to this point). Father indicates that he and Mother have had a custody evaluation and the recommendation was for a phased in arrangement over a three month period to implement the overnights. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. z 17 / Lt1 - Date John . M gan, Esquire Cust dy Conciliator Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs(a,jsdc.com ';~C-f ;1P' ?'~ r I i ;,1~r `d ;: ~ ~v~ a ~ ~, - G ti ~ r TIII ~'•So~ L - - ,, SHERMAN E. THURSTON, III, Plaintiff v. SHEILA A. THURSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2006-3136 CIVIL ACTION -LAW CUSTODY CUSTODY STIPULATION THIS STIPULATION, made this ~ day of QulruSl , 2010, by and between SHEILA A. THURSTON (hereinafter referred to as "Mother") and SHERMAN E. THURSTON, III (hereinafter referred to as "Father"). WITNESSETH: WHEREAS, Mother, Sheila A. Thurston is an adult individual who resides at 816 Flint Lock Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, Father, Sherman E. Thurston, III is an adult individual who resides at 115 South Arch Street, Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, Mother and Father are the natural parents of COURTNEY E. THURSTON, born October 8, 1997. WHEREAS, Father filed a Complaint for Custody on March 19, 2007. WHEREAS, a custody conciliation conference was held on March 24, 2010 before Custody Conciliator, John J. Mangan, Esquire. WHEREAS, an Order of Court was issued on March 30, 2010. WHEREAS, a hearing has been set for August 4, 2010, before Judge M.L. Ebert, Jr.. WHEREAS, the parties have reached an agreement and therefore desire to have same incorporated as an Order of Court. NOW, THEREFORE, the parties hereto mutually agree and stipulate as follows: 1. The Father, Sherman E. Thurston, III and the Mother, Sheila A. Thurston, shall have shared legal custody of Courtney E. Thurston, date of birth 10/8/97. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of Courtney E. Thurston, date of birth October 8, 1997, subject to Father's partial physical custody as follows: a. Alternating weekends from Friday at 3:00 p.m. until Sunday at 8:00 p.m. and every Wednesday from 3:00 p.m. unti18:00 p.m., provided, however, that during the school year, Father shall ensure that Courtney completes her homework for school prior to the 8:00 p.m. return of the child to Mother. b. Beginning 2011, each party shall be entitled to exercise two non-consecutive weeks in the summer, defined as seven day periods, to include the parent's weekend. Written notice shall be provided to the other parent no later than May 1 of each year of the specific summer vacation weeks. Failure to provide written notice by May 1 shall act as a waiver of the summer vacation week's visitation; and visitation shall continue unchanged by this paragraph in accordance with the regularly scheduled visitation. 3. Holidavs: A. The parties shall alternate custody on the following holidays: Memorial Day, Independence Day, Labor Day and Thanksgiving. The specific hours for these holidays shall be agreed upon by the parties. However, it is understood that Mother shall always have the child for Mother's Day and Father shall always have the child for Father's Day. B. Easter and Christmas will be divided as follows in accordance with the parties' history: 1. Easter: Mother shall have custody of the child from the Saturday evening before Easter through 1:00 p.m. on Easter Day. Father shall have custody of the child from 1:00 p.m. on Easter Day through 8:00 p.m. on Easter Day. 2. Christmas: Mother shall have custody of the child from December 24 through December 25 at 1:00 p.m. Father shall have physical custody of the child from 1:00 p.m. on December 25 through December 29 at 8:00 p.m., with Mother having custody during the balance of the Christmas break. 4. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free or natural development of the child's love or affection for the other party. To the extent possible, both parties should not allow third parties to disparage the other parent in the presence of the child. Y 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 6. This Custody Stipulation and concurrent Court Order shall supersede all prior Court Orders that have been issued in this matter. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, affix their hands and seals below, the day and year first above written. r AUG 10 2010 SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2006-3136 SHEILA A. THURSTON, CNIL ACTION -LAW Defendant :CUSTODY ORDER AND NOW, this 11~~ day of AV , 2010, upon presentation and consideration of the attached Custody Stipulation, it is hereby Ordered and Decreed that said Stipulation as submitted and executed by the parties shall be incorporated herein and made part hereof. The within Custody Stipulation and this Order supersede all prior orders that have been entered in this case. BY THE COURT: M.L. EBERT, JR., J. Distribution: /Max J. Smith, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 / Maria P. Cognetti, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 ~P~ es ~.1~ ~/,~/~~ hJ ~~ e:~ ~. ~_ ~~ ~ r" ;' c _ _ 4.. F ILL fJ1f,r f 19 F11 ? EN N, -, Y LVA N1 Pt MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3136 SHEILA A. THURSTON, : CIVIL ACTION --LAW Defendant : IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a Notice of Intent to serve the Subpoena, with a copy of the Subpoena attached thereto, was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, (3) no objection to the Subpoena has been received, and (4) the Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. Date: January 18, 2011 MARIA F. COgNT?TTI, ESQUIRE Attorney I.D. No. 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 2 Is ? /000 ( ,ko MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3136 SHEILA A. THURSTON, : CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. MARIA P. COGNETTI & ASSOCIATES Date: December 16, 2010 By: MARIA A: COONOTTI, ESQUIRE Attorney I.D. N o.--17914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3136 SHEILA A. THURSTON, CIVIL ACTION -LAW Defendant IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robert & Tracy Barton 5920 Westover Drive Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things at Maria P. Cognetti & Associates, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011: any and all agreements, leases or otherwise that you entered into with Sherman E Thurston, III, for the rental of your condominium at Sunguild Condominiums from January 1, 2001 through the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant BY THE COURT: DATE: By (Prothonotary) CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Notice of Intent to Produce a Subpoena at the address indicated below: Max J. Smith, Jr., Esquire James, Smith, Dietterick, & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Service : Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: December 16, 2010 By: MARIA P.IC09WL FTI, ESQUIRE Attorney I.D. No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 at the address indicated below: Max J. Smith, Jr., Esquire James, Smith, Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17033 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES r Date: January 18, 2011 By: MARIA P. CrOG1 E JTI, ESQUIRE Attorney I.D. No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant Ff?E?-oF?ecE x, OF THE PROTKOHUTAR z X11 FEB 10 PA 2: 18 CUMBERLAND LVA?uA4TY P MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3136 SHEILA A. THURSTON, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a Notice of Intent to serve the Subpoena, with a copy of the Subpoena attached thereto, was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, (3) no objection to the Subpoena has been received, and (4) the Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. MARIA P. COGNETTI & ASSOCIATES Date: February 9, 2011 By: MARIA POG) TTI, ESQUIRE Attorney 1.1). No. U,3914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 2 ?? ??'/ MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3136 SHEILA A. THURSTON, : CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. MARIA P. COGNETTI & ASSOCIATES Date: January 19, 2011 By: MARIA RICOGr? E TI, ESQUIRE Attorney I.D. No. l2- 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attornevs for Defendant SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3136 SHEILA A. THURSTON, CIVIL ACTION - LAW Defendant IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Fulton Bank Legal Department One Penn Square Lancaster, PA 17602 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things at Maria P. Cognetti & Associates, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011: an_y and all bank statements for any and all bank accounts held with your bank by Sherman E. Thurston, III, either jointly or individually, from January 1, 2001 through the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Maria P. Cognetti & Associates Maria P. Cognetti, Esquire Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant BY THE COURT: DATE: By (Prothonotary) CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Notice of Intent to Produce a Subpoena at the address indicated below: Max J. Smith, Jr., Esquire James, Smith, Dietterick, & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: January 19, 2011 By: MARIA P./CO(;NjTTI, ESQUIRE Attorney I.D. N . 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 at the address indicated below: Max J. Smith, Jr., Esquire James, Smith, Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17033 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: February 9, 2011 By: MARIA P: COgN TTI, ESQUIRE Attorney I.D. N&2,2914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jessica E. Lowe, Esquire s G-- ,--? Attorney I.D. #208041 2 7D James, Smith, Dietterick & Connelly, LLP i r P.O. Box 650 c -' Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 - e-mail: mjs@jsdc.com SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-3136 SHEILA A. THURSTON, CIVIL ACTION -LAW Defendant IN DIVORCE PRE-TRIAL STATEMENT OF PLAINTIFF, SHERMAN E. THURSTON, III PURSUANT TO PA.R.C.P.1920.33(b) 1. ASSETS A. MARITAL ASSETS ASSET VALUE DATE OF VALUATION NON-MARITAL PORTION LIEN 816 Flintlock $400,000.00 Present No Yes Ridge Road, (Balance Mechanicsburg, approx. PA (Marital $140,000) Residence) TBD Aetna Defined (Husband has Present No No Benefit Plan (W) submitted plan information to an actuary for valuation 1 A. MARITAL ASSETS (CONTINUED) ASSET VAL UE DATE OF NON-MARITAL LIEN VAL UATION PORTION Erie Defined TBD Present Unknown No Benefit Plan (Husband has (il) submitted the plan information to an actuary for valuation) Aetna 401(k) $89,625.25 3/31/11 No No (W) Erie 401(k) (W) $65,346.87 3/31/11 Yes. Marital No portion is t $20,000.00. Post-Separation Contributions made by Wife are excluded. Vanguard/PMA $61,948.51 3/31/11 Post-Separation No Retirement Contributions Account (W) Checking $7,000 DOS No No Account - (withdrawn by Fulton Bank Wife at time of (H& W) separation) Prudential Life $8,567.20 - 4/19/11 No No Insurance (cash value) Policy (W) Aetna Life $6,500.00 1105 No No Insurance (cash value) Policy (W) Savings Bonds $5,900.00 Present No No (W) (Face Value) Fidelity IRA (H) $8,000.00 Present Post-Separation No Contributions Life Insurance - Approx. Present Post-Separation No John Hancock $4,000.00 Contributions (H) (cash value) Prudential Life Approx. Present Post-Separation No Insurance (H) $22,000.00 Contributions (cash value) Wells Fargo Approx. Present No No Brokerage $2,000.00 Accounts (H& W) Banc ofAmerica Approx. 3/31/09 No No (H& W) $16,000.00 Vehicle $150.00 Present No No 1992 Nissan Sentra (W) Vehicle $150.00 Present No No 1995 Buick Century (W) B. NON-MARITAL ASSETS ASSET VALUE DATE OF LIEN REASON VAL UATION FOR EXCLUSION Fulton Bank Approx. $2,200.00 Present No Post-Marital Checking Account (H) 2008 Cadillac DTS $20,700.00 Present $20,700.00 Post-Marital (H) II. EXPERT WITNESSES If necessary, Plaintiff will call Ty Eby to testify as to the value and the fair rental value of the marital residence. Plaintiff will call Jonathan Cramer, F.S.A. to testify as to the value of Wife's pensions. Plaintiff reserves the right to retain additional expert witnesses as may be required prior to trial and to cross-examine any expert witness retained by Defendant for trial. III. LIST OF FACT WITNESSES Plaintiff anticipates calling only the parties as fact witnesses. Plaintiff reserves the right to cross-examine any witness called by Defendant at the time of trial and to offer rebuttal witnesses at the time of trial in response to Defendant's presentation, if necessary. Plaintiff reserves the right to supplement this response prior to trial. IV. LIST OF EXHIBITS 1. Plaintiff will present statements of all assets listed in Part A. above to substantiate the listed account values. 2. To the extent available, Plaintiff will present Kelly Blue Book Values to substantiate the values of the motor vehicles listed in Part A. above. 3. Plaintiff will present a deed to the real property listed in Part A. above to the extent ownership of such property is disputed. 4. Plaintiff will present copies of the real estate appraisal of the real property listed in Part A. above. 5. Plaintiff will present copies of the pension appraisal completed by Jonathan Cramer, F.S.A. relative to Wife's pensions. 4 6. Plaintiff will present documentation establishing the value of any asset and/or liability listed in either of the parties' Inventory and Appraisement. 7. Plaintiff will present a copy of his 2010 tax return, a copy of which is attached hereto as Exhibit "A". Plaintiff reserves the right to supplement this response prior to trial and offer additional exhibits at the time of trial and in rebuttal to Plaintiff's testimony and evidence. V. PARTIES' INCOMES Plaintiff's adjusted gross income for 2010 was $74,849.00 and his taxable income was $65,499.00. Plaintiff believes that Defendant's income is between $55,000 and $60,000. VI. PARTIES' EXPENSES Plaintiff will present evidence of his expenses at trial. VII. VALUATION OF RETIREMENT ASSETS The marital portion of Wife's pensions is being determined by expert report of Jonathan Cramer, F.S.A. VIII. COUNSEL FEES Each party should be responsible for their own counsel fees and expenses. IX. PERSONAL PROPERTY The parties anticipate being able to divide their personal property equitably, without addressing such property in the Master's proceeding or further involvement from the Court. To the extent they cannot, Plaintiff reserves the right to submit valuation of specific items of 5 personal property to the Master and/or to request a distribution of such property to Plaintiff as part of the equitable distribution in the case. X. MARITAL DEBTS DEBT AMOUNT DATE DEBT INITIAL PAYMENTS EVIDENCE AS OF INCURRED AMOUNT OF SINCE DOS DOS DEBTIPURPOSE Loan TBD During Purchase of home Wife Statements (marital Marriage residence) XI. PROPOSED ECONOMIC RESOLUTION An examination of the factors listed in Section 3502 of the Divorce Code leads to the conclusion that the marital assets should be divided equally. The Court should deny any ancillary claims that have been made by Wife. Assuming Wife retains the marital home, Husband's fifty percent share shall be comprised of Wife's refinancing of the house and transferring of 401(k) monies to him. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: June 20, 2011 By: QP&4q - MAX J. SMITH, JR., squire Attorney I.D. #32114 JESSICA E. LOWE, Esquire Attorney I.D. #208041 P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Attorneys for Plaintiff, Sherman E. Thurston, III 6 ?X ?-i 1 ?3 IT Form 1040 Department of the Treasury - Internal Revenue Service U.S. Individual Income Tax Return 2010 99IRS Use Only- Do not write or staple in this space. For the year Jan 1 - Dec 31, 2010, or other tax year beginning , 2010, ending 20 OMB No. 1545-0074 Name Your first name MI Last name Your social security number Address, and SSN Sherman E Thurston, III 036-48-2715 If a joint return, spouse's first name MI Last name Spouse's social security number 079-66-2578 See separate instructions. Home address (number and street). If you have a P.O. box, see instructions. Apartment no. Make sure the SSN(s) above and online 6c 15 S. Arch St. are correct. ty, town or post office. If you have a foreign address, see instructions. State ZIP code Checking a box below will not r Presidential PA 17055 change your tax or refund. Medhanicsburq Election Campaign ' Check here if you, or your spouse If filing jointly, want $3 to go to this fund? .. .. • • • • • • • • • • • • • ? ? You Spouse Filing Status Check only one box 1 Single 4 Head of household (with qualifying person). (See 2 Married filing jointly (even if only one had income) instructions.) If the qualifying person is a child but not your dependent, enter this child's 3 X Married filing separately. Enter spouse's SSN above & full name here ? name here ? Sheila A Thurston 5 F] Qualifying widow(er) with dependent child Exemptions X Yourself. If someone can claim you as a dependent, do not check box 6a.. • . . So sa a a 6naa sa 1 b Spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6c who children (4) if on : ' ' s s (3) Dependent (2) Dependent lived ch d e ge 17 c Dependents: social security relationship ber to you qua[ ng for with you . num chilad tax cr • did not 1 First name Last name (sea insbs) live with you due to divorce or separation (see instrs) If more than four Dependents dependents, see on 6c not entered above instructions and check here .. 0- ? Add numbers s li o ? 1 e n d Total number of exemations claimed .. Attach Form(s) W-2 . ....... .... ... ... .. . ... . ti etc salaries s 7 Wa es 7 _ p . , , g , Attach Schedule B if required . . • • • • • • • • • • • • • • • • • • • Income 8 a Taxable interest 8 a 67. . b Tax-exempt interest. Do not include on line 8a . . • . • • • 8 b Attach Schedule B if required .. .. ... .. . ... . dividends Ordinar 9 9a 1,001. . y a Attach Form(s) W-2 here. Also b Qualified dividends. ... .. • • • • • • • • • • • • • • • • 9 b attach Forms or offsets of state and local income taxes .. ... ..... . ... . credits 10 Taxable refunds 10 , , W2G and 1099•R . . ............ .. .. .. .... ... ..... ... . received 11 Alimon 11 .. . y if tax was whhheld. Attach Schedule C or C-EZ .... .... .... . .. . . siness income or (loss) 12 B 12 79,910. . u you did not 13 Ca ck here . . . .... • • • • • • • • ? El If not reqd Aft Sch D if regd ain or (loss) ital 13 6,547. , . . g p get a W- 2, g Attach Form 4797 . ... .... ....... . .. . . . ... . ains or (losses) 14 Other ti i t 14 . g ons. ns ruc see .. • 15a IRA distributions 15a bTaxable amount . .. .... 15b ... Pensions and annuities 16 F-167 al Taxable amount .. . . .. . . 16b . • a S corporations, trusts, etc. Attach Schedule E .... partnerships royalties 17 Rental real estate 17 26. , , , Attach Schedule F ... .. . .. ...... ... .. ... ... . . 18 Farm income or (loss) 18 . Enclose, but do ment compensation ... . ... . ... .. .. . ..... . .. .. not attach any 19 Unem lo 19 , p y payment. Also, . • • • I 20 a l I b Taxable amount .. .. .. . . benefits 20 a Social securit 20b . . y please use 21 Other income 1040 V F 21 orm - . 77 Cnmhine the amounts in the far riaht column for lines 7 through 21. This is your total income. • 0. 22 8 7 , 5 51 . 23 Educator expenses .. • . • • • • • • • • • • • • • • • 23 Adjusted 24 Certain business expenses of reservists, performing artists, and fee-basis Gross government officials. Attach Form 2106 or 2106-EZ . .. ..... .. . 24 Income 25 Health savings account deduction. Attach Form 8889 .. .. . 25 26 Moving expenses. Attach Form 3903 ... ... . ... . .. . 26 27 One-half of self-employment tax. Attach Schedule SE .. . • • 27 S,646. and qualified plans .. .. . • . SIMPLE 28 Self-employed SEP 28 , , 29 Self-employed health insurance deduction ... . .. .. .. . 29 30 Penalty on early withdrawal of savings ..... . .. .... . 30 31 a Alimony paid b Recipient's SSN ... 1, 079-66-2578 . 31 a 7,056. 32 IRA deduction . .. .. . ... . . ... ... ... .. .. . 32 33 Student loan interest deduction .. • • . • • • • • • • • • • 33 34 Tuition and fees. Attach Form 8917 ... . .. . .. .. .. . 34 35 Domestic production activities deduction. Attach Form 8903. 35 36 Add lines 23 - 31 a and 32 - 35 . ... . . . ... ... .. ... . . 36 12,702. 37 Subtract line 36 from line 22. This is our adjusted gross incom e .. . . 0. 37 74 , 84 9 . BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see separate instructions. FDIA0112 12122/10 Form 1040 (2010) Form 1040 2010 Sherman E Thurston, III 036-48-2715 Page 2 Tax and 38 Amount from line 37 (adjusted gross income) . . . . • • • • • • • • • • • • • 38 74,849" Credits 39a Check F e You were bom before January 2, 1946, 8 Blind. Total boxes if: Spouse was bom before January 2, 1946, Blind. checked ? 39a b If your spouse itemizes on a separate return, or you were a dual-status alien, check here.. ... ? 39b 40 Itemized deductions (from Schedule A) or your standard deduction (see instructions) . ... . . . . . .. . 40 5,700. 41 Subtract line 40 from line 38 .. .... • ..... .. • ... ..... . • . . .. . .. . . 41 69,149* 42 Exemptions. Multiply $3,650 by the number on line 6d .. ........... . .. .. . . . 42 3,650. 43 Taxable income. Subtract line 42 from line 41. If line 42 is more than line 41, enter -0 .. . .. • • • • • • • • • • • • • • • .. • • . • • . • • .. . 43 65,499. 44 Tax (see instrs). Check if any tax is from: a 0 Form(s) 8814 b Form 4972 ...... .. ... . . . . . 44 12, 550" 45 Alternative minimum tax (see instructions). Attach Form 6251 ........ . . . .. .. . 45 46 Add lines 44 and 45 .. . ... . ....... ........ . .. ... . . . ? 46 12,550. 47 Foreign tax credit. Attach Form 1116 if required ..... ... 47 48 Credit for child and dependent care expenses. Attach Form 2441 .. ... 48 49 Education credits from Form 8863, line 23 . ..... • • • • • 49 50 Retirement savings contributions credit. Attach Form 8880 ... 50 51 Child tax credit (see instructions) . .. .. . ...... . ... 51 52 Residential energy credits. Attach Form 5695 .. ... .... 52 53 Other crs from Form: a ? 3800 b ? 8801 c 53 54 Add lines 47 through 53. These are your total credits .. ..... • • . • • • • . • . • • • • 54 55 Subtract line 54 from line 46. If line 54 is more than line 46, enter -0- . - . . 0- 55 12 , 5 5 0 . Other 56 Self-employment tax. Attach Schedule SE ....... ..... ..... .. . .. .... . 56 11,291. Taxes 57 Unreported social security and Medicare tax from Form: a 11 4137 b ? 8919 .. • .. . • • • • • • • 57 58 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if reqwired .. 58 59a 11 Form(s) W-2, box 9 b ? Schedule H c u Form 5405, line 16 ... . 59 60 Add lines 55-59. This is our total tax . .. ... ....... ... ...... ........ . ? 60 23,841. Payments 61 Federal income tax withheld from Forms W-2 and 1099 . ... 61 62 2010 estimated tax payments and amount applied from 2009 return .... 62 24,896. If you have a 63 Making work pay credit. Attach Schedule M .. ... . • • • • 63 400. t; T qualifying 64a Earned income credit (EIC). • • • • • • 64a child, attach b Nontaxable combat pay election ... 0-64 b Schedule EIC. z 65 Additional child tax credit. Attach Form 8812. 65 p F. 66 American opportunity credit from Form 8863, line 14 ...... 66 67 First-time homebuyer credit from Form 5405, line 10 .. • . • • 67 68 Amount paid with request for extension to file ...... • • . 68 69 Excess social security and tier 1 RRTA tax withheld .. .... 69 }r 70 Credit for federal tax on fuels. Attach Fonn 4136 . .. . . 70 " 71 Credits from Form: a ? 2439 b ? 8839 c ? 8801 d [] 8885 71 72 Add Ins 61.63, 64a, & 65-71. These are our total nits • ? 72 25,296. Refund 73 If line 72 is more than line 60, subtract line 60 from line 72. This is the amount you overpaid . • • . • • • • 73 1,455. 74a Amount of line 73 you want refunded to you. If Form 8888 is attached, check here .. ? E] 74a 0. ? b Routing number .. ... XXXXXXXXX ? c Type: Checking Savings Direct deposit? ? d Account number .. ... XXXXXXXXXXXXXXXXX See instructions. ? 75 1,455. 75 Amount of line 73 you want applied to our 2011 estimated tax • Amount 76 Amount you owe. Subtract line 72 from line 60. For details on how to pay see instructions . ... . .... ? 76 You Owe 77 Estimated tax penalty see instructions) 77 Do you want to allow another person to discuss this return with the IRS (see instructions)? . ... • • ? Yes. Complete below. X? No Third Party Designee Designee's Phone Personal identification name ? no. number (PIN) Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and Sign belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Here Your signature Date Your occupation Daytime phone number Joint return? , See instructions. insurance a ent Keep a copy Spouse's signature. If a joint return, both must sign. Date Spouse's occupation for your records. ' PrinUrype preparers name Preparers signature Date Check if PTIN Paid Preparer's Finn's name Self-Pr Use Only Finn's address ? Firm's EIN Phone no. Form 1040 (2010) FDIA0112 12/22110 SCHEDULE C Profit or Loss From Business OMB No. 1545-0074 (Form 1040) (Sole Proprietorship) 2010 Department of the Treasury ' Partnerships, joint ventures, etc, generally must file Form 1065 or 1065-B. Attachment Internal Revenue Service (99) Attach to Form 1040, 1040NR, or 1041. See Instructions for Schedule C (Form 1040). sequence No. 09 Name of proprietor Social security number (SSN) Sherman E Thurston, III 036-48-2715 A Principal business or profession, including product or service (see instructions) B Enter code from instructions insurance sales 11999999 C Business name. If no separate business name, leave blank. D Employer ID number (EIN), If any E Business address (including suite or room no.) P-115 S. Arch St . City, town or post office, slate, and ZIP code Mechanicsburg, PA 17055 F Accounting method: (1) X Cash (2) Accrual (3) Other (specify) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G Did you 'materially participate' in the operation of this business during 2010? If 'No,' see instructions for limit on losses X?Yes No H If you started or acquired this business during 2010, check here • Part I Income 1 Gross receipts or sales. Caution. See instructions and check the box if: • This income was reported to you on Form W-2 and the 'Statutory employee' box on that form was checked,or • You are a member of a qualified joint venture reporting only rental real estate income not subject ? to self-employment tax. Also see instructions for limit on losses .... .. • • • • • • • • • • • • • • • ' 1 93,945. 2 Returns and allowances ... ..... .. . .. .. ....... . .... .. .. ..... . ..... .. 2 3 Subtract line 2 from line 1 ... .. ... .. . .. .......... .... .. .... . .. . ... .. . . 3 93,945. 4 Cost of goods sold (from line 42 on page 2). . .. . • • • • • • • • • • • • . • • • • • • • • . • • • • • • • • 4 5 . .. ... • • • • • • • • • • • • • • • • • • • . • • • • • • • . Subtract line 4 from line 3 rofit G ss 5 93,945. .. . ro p 6 including federal and state gasoline or fuel tax credit or refund Other income , (see instructions) ....... .. .. . . .. .. ... ... .... .. .. . . ....... . ... .. .. . . 6 7 Gross income. Add lines 5 and 6 . ? 7 93,945. it +.:: s..- ?.....:_........-- .,F....,,. K--. ^-Iv nn lino sn 8 , `Advertisin - 8 - - --- --- - -- 18 Office expense ... ... ... .. • • 18 g ..... ..... . 19 Pension and profit-sharing plans .. .. . 19 9 Car and truck expenses (see instructions) ....... . 9 2,456. 20 Rent or lease (see instructions): f -T' 10 Commissions and fees 10 a Vehicles, machinery, and equipment .. . . 20a ... . . b Other business property . ... .. ... . 20b 11 Contract labor (see instructions) 11 21 Repairs and maintenance ... • • • .. • 21 ....... . letion 12 De 12 22 Supplies (not included in Part III) .. ... . 22 690. ........ ... .. p reciation and section 13 De 23 Taxes and licenses . ... ... • • • • • • 23 p 179 expense deduction (not included in Part III) (see instructions) 13 0. 24 Travel, meals, and entertainment: a Travel .. .. ...... ..... ... . 24a 8,052. . .... • . . 14 Employee benefit programs . (other than on line 19) 14 b Deductible meals and entertainment (see instructions) • • • .. . • • . • • • . • 24b 240. . .. 15 Insurance (other than health) . 15 548. 25 Utilities . . .... • • . • • • • • • • • • • 25 1,530. 16 Interest: 26 Wages (less employment credits).. ... . 26 a Mortgage (paid to banks, etc) .. . . 16a 27 Other expenses (from line 48 on .. . b Other 16b page 2). . ..... ... . .. .... 27 ...... . . .. 17 Legal & professional services . 17 519. 28 Total expenses before expenses for business use of home. Add lines 8 through 27 . . .. . .. ... .... ? 28 14,035. Subtract line 28 from line 7 . .. ...... .. .. . . .. ... . .. ... .. ... . 29 Tentative profit or (loss) 29 79,910. . 30 Expenses for business use of your home. Attach Form 8829 ... • • .. • . • • . • • • • • • • • • • • • • • • . 30 31 Net profit or (loss). Subtract line 30 from line 29. • If a profit, enter on both Form 1040, line 12, and Schedule SE, line 2 or on Form 1040NR, line 13 (if you checked the box on line 1, see instructions). Estates and trusts. enter on Form 1041. line 3. T ... • • . . 1 9,910. • If a loss, you must go to line 32. 32 If you have a loss, check the box that describes your investment in this activity (see instructions). • If you checked 32a, enter the loss on both Form 1040, line 12, and Schedule SE, line 2, or on Form 1040NR, line 13 (if you checked the box on line 1, see the line 31 instructions). Estates and trusts, enter All investment is on Form 1041, line 3. 32a ? at risk. - Some investment • If you checked 32b you must attach Form 6198. Your loss may be limited. 32 b In I is not at risk. BAA For Paperwork Reduction Act Notice, see your tax return instructions. Schedule C (Form 1040) 2010 FOIZO112 12/27/10 Schedule C 33 Method(s) used to value closing inventory: a U Cost b U Lower of cost or marKet c LJ utner taaacn exPlanauon) 34 Was there any change in determining quantities, costs, or valuations between opening and closing inventory? If 'Yes,' attach explanation .. ....... • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • []Yes No 35 Inventory at beginning of year. If different from last year's closing inventory, attach explanation .. .. .. . . .. .... .. ...... . . .. .. . .......... .. . .. .. .. 35 36 Purchases less cost of items withdrawn for personal use ... ... • • • • • • • • • • • • • • . • • • • • • • • • 36 37 Cost of labor. Do not include any amounts paid to yourself .. .. ........ ...... . ... .. ... .. 37 38 Materials and supplies ..... .... ... .... .... .. ... ........... . .. ... .. . .. 38 39 Other costs .. ........ .... .... .. .. ...... ... ...... ...... ... . . .. . 39 40 Add lines 35 through 39 . .. . ... • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 40 41 Inventory at end of year . ...... .. • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • • • • • • 41 42 Cost of goods sold. Subtract line 41 from line 40. Enter the result here and on page 1, line 4 • 42 Part IV Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 9 and are not required to file Form 4562 for this business. See the instructions for line 13 to find out if you must file Form 4562. 43 When did you place your vehicle in service for business purposes? (month, day, year) 1-04 / 3 0 / 2 0 07 44 Of the total number of miles you drove your vehicle during 2010, enter the number of miles you used your vehicle for: a Business 4 , 912 b Commuting (see instructions) _ _ _ _ _ _ _ _ 325 c Other _ _ _ _ _ _ 13 , 0 91 45 Was your vehicle available for personal use during off-duty hours? ... ........... . ... .. .. . ... .. ... X? Yes F] No 46 Do you (or your spouse) have another vehicle available for personal use? ... • • • . • • . • • • • • • • • • • • • • • • • • []Yes X? No 47a Do you have evidence to support your deduction? .. .. • . . • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • X? Yes ? No b If 'Yes,' is the evidence written? X Yes No Part V<A'-`: Other Expenses. List below business expenses not included on lines 8-26 or line 30. 48 Total other expenses Enter here and on page 1 line 27 • • 1 48 1- Schedule C (Form 1040) 2010 FDIZ0112 12/27110 SCHEDULE D (Form 1040) Department of the Treasury Internal Revenue Service (99 OMB No. 1545-0074 Capital Gains and Losses 2010 ?Attach to Form 1040 or Form 1040NR. ?See Instructions for Schedule D (Form 1040). ? Use Schedule D-1 to list additional transactions for lines 1 and B. Attachment Sequence No. 12 Name(s) shown on return Your social security number C1...... F Thnretnn TTT _ 1036-48-2715 Partl ; Short-Term Capital Gains and Losses - Assets Held One Year or Less (a) Description of (b) Date acquired (C) Date sold (d) sales price (e) Cost or other basis (f) Gain or (loss) property (Example: (Ma, day, yr) (Mo, day, yr) (see instructions) (see instructions) Subtract (e) from (d) 100 shares XYZ Co) 1 GLD Jun 19 2010 118.00 ca ll 05/07 10 05/13/10 1,017.05 762.95 254.10 GLD Jul 17 2010 117.00 ca ll 05/20/10 07/12/10 364.80 1,304.45 -939.65 NLY Oct 16 2010 16.00 put 08/25/10 10/18/10 0.00 73.70 -73.70 SLV Nov 20 2010 21.00 cal l 09/23/10 10/05/10 1,474.55 780.15 694.40 SLV Nov 20 2010 21.00 cal l 09/23/10 10/12/10 983.30 390.08 593.22 from Schedule D-1, line 2 .... if any our short-term totals 2 Enter 2 16,895. 6,019. , , y 3 Total short-term sales price amounts. Add lines 1 and 2 in hr q .. ... . . . . ...... . .. .. ..... . column (d) 3 2 0 , 73 5 . . . ain from Form 6252 and short-term gain or (loss) from Forms 4684, 6781, and 8824 . ....... • • t 4 Sh t 4 erm g or - and trusts from Schedule(s) K-1 .... estates artnerships, S corporations ain or (loss) from h t m 5 N t t 5 , , p - er g e s or 6 Short-term capital loss carryover. Enter the amount, if any, from line 10 of your Capital Loss Carryover .. .. .............. . . .. . ... ....... the instructions t i k h W 6 . .... ... n or s ee 7 Not thnrt-term ranital nain or flossl. Combine lines 1 through 6 in column (f) .. .. _ 7 6,547. Partll Long-Term Capital Gains and Losses - Assets Held More Than One Year (a) Description of property (Example: 100 shares XYZ Co) (b) Date acquired (Mo, day, yr) (C) Date sold (Mo, day, yr) (d) Sales price (see instructions) (e) Cost or other basis (see instructions) (f) Gain or (loss) Subtract (e) from (d) 8 from Schedule D-1, line 9 - - if any 9 Enter your long-term totals , , 10 Total long-term sales price amounts. Add lines 8 and 9 in column (d) . ... . .... ...... . .. . ... . .... . L1O 11 Gain from Form 4797, Part I; long-term gain from Forms 2439 and 6252; and long-term gain or (loss) from .. . . .. .... .. .... ........ .. . ..... ..... .. and 8824 6781 Forms 4684 11 .. . , , estates, and trusts from Schedule(s) K-1 .. . • • • S corporations ain or (loss) from partnerships -term 12 Net lon 12 , , g g . ... . . . . .. . . . . ......... . .. . .. .. See instrs ain distributions ital 13 Ca 13 . . g p 14 Long-term capital loss carryover. Enter the amount, if any, from line 15 of your Capital Loss Carryover Worksheet in the instructions . . . . • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • 14 15 Net long-term capital gain or (loss). Combine lines 8 through 14 in column (f). Then go to Part III on nane 2 . . . . 15 BAA For Paperwork Reduction Act Notice, see your tax return instructions. Schedule D (Form 1040) 2010 FDIA0612 12122110 Schedule D (Form 1040) 2010 Sherman E Thurston, III 036-48-2715 Page2 Part hi . Summary 16 Combine lines 7 and 15 and enter the result . . .... ... .... .. . ...... . ... ... .. .. 16 6,547 • If line 16 is again, enter the amount from line 16 on Form 1040, line 13, or Form 1040NR, line 14. Then go to line 17 below. • If line 16 is a loss, skip lines 17 through 20 below. Then go to line 21. Also be sure to complete line 22. • If line 16 is zero, skip lines 17 through 21 below and enter -0- on Form 1040, line 13, or Form 1040NR, line 14. Then to go line 22. 17 Are lines 15 and 16 both gains? ? Yes. Go to line 18. X? No. Skip lines 18 through 21, and go to line 22. 7 of the 28% Rate Gain Worksheet in the instructions............. ? li f t if 18 18 ne rom , any, Enter the amoun 1- 19 Enter the amount, if any, from line 18 of the Unrecaptured Section 1250 Gain Worksheet in ? .... ...... .. ....... ..... .. . . i 19 ons ..... .. . .... .... .... the instruct 20 Are lines 18 and 19 both zero or blank? Yes. Complete Form 1040 through line 43, or Form 104ONR through line 41. Then complete the Qualified Dividends and Capital Gain Tax Worksheet in the Instructions for Form 1040, line 44 (or in the Instructions for Form 1040NR, line 42). Do not complete lines 21 and 22 below. No. Complete Form 1040 through line 43, or Form 1040NR through line 41. Then complete the Schedule D Tax Worksheet in the instructions. Do not complete lines 21 and 22 below. 21 If line 16 is a loss, enter here and on Form 1040, line 13, or Form 1040NR, line 14, the smaller of. 16 li • 21 or ne The loss on • ($3,000), or if married filing separately, ($1,500) ` Note. When figuring which amount is smaller, treat both amounts as positive numbers. 22 Do you have qualified dividends on Form 1040, line 9b, or Form 1040NR, line 10b? 4 Yes. Complete Form 1040 through line 43, or Form 1040NR through line 41. Then complete the Qualified v Dividends and Capital Gain Tax Worksheet in the Instructions for Form 1040, line 44 (or in the : Instructions for Form 1040NR, line 42). X? No. Complete the rest of Form 1040 or Form 1040NR. Schedule D (Form 1040) 2010 FDIA0612 12122!10 SCHEDULE D-1 (Form 1040) Department of the Treasury Internal Revenue Service OMB No. 1545-0074 Continuation Sheet for Schedule D (Form 1040) 2010 ? See instructions for Schedule D (Form 1040). Attachment ? Attach to Schedule D to list additional transactions for lines 1 and 8. Sequence No. 12A Name(s) shown on return Your social security number Gharman F Thurston. III 1036-48-2715 Pam I 1 Short-Term Capital Gains and Losses - Assets Held One Year or Less (a) Description of property (Example: 100 shares XYZ Co) (b) Date acquired (Mo, day, yr) (C) Date sold (Mo, day, yr) (d) Sales price (see instructions) (e) cost or other basis (see instructions) (f] Gain or (loss) Subtract (e) from (d) 1 SLV Nov 20 2010 21 00 call 09/23/10 10/14/10 1,483.30 390.08 1,093.22 SLV Nov 20 2010 21 00 call 09/23/10 10/18/10 1,353.30 390.08 963.22 SLV Nov 20/2010 21 00 call 09/23/10 11/04/10 2,013.30 390.09 1,623.21 SLV Jan 22 2011 25 00 call 11/02/10 12/02/10 1,888.30 1,136.40 751.90 SLV Feb 19 2011 25 00 call 11/15/10 12/03/10 2,113.30 1,232.73 880.57 SLV Jan 22 2010 25 00 call 11/05/10 12/03/10 2,013.30 1,131.40 881.90 SLV Feb 19 2011 25 00 call 11/15/10 12/06/10 2,513.30 1,232.72 1,280.58 NG Mar 19 2011 15. ( 0 call 12/06/10 12/30/10 1,334.55 2,415.45 -1,080.90 60 shares BP PLC 05/24/10 07/12/10 2,182.05 2,556.95 -374.90 2 Totals. Add the amounts in column (d). Also, combine the amounts in column (f). Enter here and on Schedule D, line 2 .. ? 2 16,895. 1 = 6,019. BAA For Paperwork Reduction Act Notice, see your tax return instructions. FDIA0656 06128110 Schedule D-1 (Form 1040) 2010 SCHEDULE E Supplemental Income and Loss OMB No. 1545-0074 (Form 1040) (From rental real estate, royalties, partnerships, S corporations, estates, trusts, REMICs, etc) J0 201 Attach to Form 1040, 1040NR, or Form 1041. attac hment Department of the Treasury Internal Revenue Service (99) : See Instructions for Schedule E (Form 1040). ence No. 13 sequ Name(s) shown on return Your social security number 1 Sherman E Thurston, III 036-48-2715 Part I Income or Loss From Rental Real Estate and Royalties Note. If you are in the business of renting personal property, use Schedule C or C-EZ (see instructions). If you are an individual, report farm rental income or loss from Form 4835 on page 2, line 40. f each rental real estate property: s dd t a d i 2 For each rental real estate Yes No 1 res o n a ype st the L property fisted on line 1, did you A -------------------- or your family use it during the --------------------- tax year for personal purposes A X for more than the greater of: B -------------------- --------------------- •14 days, or •10°kofthetotal da s B C --------- y rented at fair rental value? -------------------------------- (See instructions.) C Income: A 3 Rents received . .... .. . . .... . 3 4 Royalties received . 4 Expenses: 5 Advertising . .. .. ..... ..... . 5 6 Auto and travel (see instructions) .... 6 7 Cleaning and maintenance . . .. 7 8 Commissions. . .... ... • • • • • 8 9 Insurance ....••..••••••• 9 10 Legal and other professional fees.... 10 11 Management fees .. • • . . • • • • • . 11 12 Mortgage interest paid to banks, etc (see instructions) .. . • • . • • • • • • 12 13 Other interest .. .... . . . . .... . 13 Repairs .... . .. .. ... ..... . 14 14 . 15 Supplies .... .. .. ... .... 15 16 Taxes ..... .... ... ..... 16 17 Utilities . . .. • • • . • ... . ... • 17 18 Other (list) ? ---------------------- ------------------ --- ---------------------- ---------- ---------------------- ---------------------- ---------------------- ---------------------- erties Totals B C _ Add columns A, 2. 12 3 2. 19 Add lines 5 through 18 . ... ..... 19 19 20 Depreciation expense or depletion (see instructions) . ..... . . .... 20 20 21 Total expenses. Add lines 19 and 20 .. 21 22 Income or (loss) from rental real estate or royalty properties. Subtract line 21 from line 3 (rents) or line 4 (royalties). If the result is a (loss), see instructions to find out if you must file Form 6198 .. .. • • • • • • • • • 22 2 23 Deductible rental real estate loss. Caution. Your rental real estate loss on line 22 may be limited. See instructions to find out I you must file Form 8582. Real estate professionals must complete line 43 on page 2 . . . . ... 3 ositive amounts shown on l me Add 24 I ine 22 Do not include any l osses . • • • • • • • • • • • • • • • • • • • 24 2. . p nco . losses from line 22 and rental real estate losses from line 23. Enter total losses here ... . . Add ro alt 25 Losses 25 y y . 26 Total rental real estate and royalty income or (loss). Combine lines 24 and 25. Enter the result here. If Parts II, III, IV, and line 40 on page 2 do not apply to you, also enter this amount on Form 1040, line 17, or Form 1040NR, line 18.Olherwlse, include this amount in the total on line 41 on page 2 6 . BAA For Paperwork Reduction Act Notice, see your tax return instructions. FDIZ2301 DBi25110 Schedule E (Form 1040) 2010 2010 Name(s) shown on return. Do not enter name and social security number if shown on Page 1. ghPrman E Thurston. III 2 Caution: The IRS compares amounts reported on our tax return with amounts shown on Schedules K-1. Part II Income or Loss From Partnerships and S Corporations Note. If you report a loss from an at-risk activity for which any amount is not at risk, you must check the box in column (e) on line 28 and attach Form 6198. See instructions. 27 Are you reporting any loss not allowed in a prior year due to the at-risk or basis limitations, a prior year unallowed loss from a passive activity (if that loss was not reported on Form 8582), or unreimbursed partnership expenses?.. . .. . 11 Yes li No 28 (a) Name (b) Enter P for partnership; S for S corporation (c) Check if foreign partnership (d) Employer identification number (e) Check if any amount is not at risk A PTP-Cheniere Energy Partners, L.P. P 20-5913059 B PTP-Encore Energy Partners LP P 20-8456807 C Intangible drilling costs P 20-8456807 D See Line 28 Information Passive Income and Loss No passive Income and Loss (f) Passive loss allowed (attach Form 8582 if required) (g) Passive income from Schedule K-1 (h) Nonpassive loss from Schedule K-1 (1) Section 179 efrom Fodrmd4562n Q) Nonpassive Schedule K 1 A 0. B 0. 13. 24. C 1. D 28. 16. 29 a Totals 29. 24. b Totals . ....... 25. ... .... ........ . ) and 0) of line 29a 30 Add columns ( ... .... .... . . ..... ... 30 53* .. . g and (i) of line 29b ... . . (h) 31 Add columns (f) . .. .. ... . ... ..... .... .. . ..... ... 31 -29, , , 32 Total partnership and S corporation income or (loss). Combine lines innh At- in the total on line 41 below. . . . . . . . . . . . . . . . . 30 and 31. Enter the result here and . . . . 32 24. Part-111'. Income or Loss From Estates and Trusts 11 (a) Name (b) Employer ID no. A B Passive Income and Loss Non passive Income and Loss (c) Passive deduction or loss allowed (attach Form 8582 if required) (d) Passive income from Schedule K-1 (e) Deduction or loss from Schedule K-1 (f) Other income from Schedule K-1 A B 34a Totals . ... . . ... ... ........ a . , b Totals ... .. .... .......... 35 Add columns (d) and (f) of line 34a ...... . . .. . . ... ... .. .......... . . ..... .... 35 36 Add columns (c) and (e) of line 34b ...... .... . ..... . . .... .......... ... ..... 36 37 Total estate and trust income or (loss). Combine lines 35 and 36. Enter the result here and include in the total on line 41 below .. ...... .. 37 rrn : x.111 r__......, ..« 11 r«..... 0 1 t?+ft+n Mnr4nnno invactmant Cnnduits (REMICsI - Residual FloMer 38 (a) Name (b) Employer identification number c) Excess inclusion fr6rn Schedules % line 2c see instructions (d) Taxable income (net loss) from Schedules , line 1 b (e) Income from Schedules 0, line 3b 39 Combine columns (d) and (e) only. Enter the result here and include in the total on line 41 below . T39 Part V.:- I Summa 40 Net farm rental income or (loss) from Form 4835. Also, complete line 42 below ....... • • . • • • • • • • • • 40 _ 41 Total income or (loss). Combine lines 26, 32, 37, 39, and 40. Enter the result here and on Form 1040, line 17, or Form 1040NR, line 18 . . . .. ..... . . . ......... ... . . . .... . • ' 41 26. 42 Reconciliation of farming and fishing income. Enter your gross farming and fishing income reported on Form 4835, line 7; Schedule K-1 (Form 1065), box 14, code B; Schedule K-1 (Form 11205), box 17, code U; and Schedule K-1 42 (Form 1041), line 14, code F (see instructions) . . .. . . .... .. . .. ... r 43 Reconciliation for real estate professionals. If you were a real estate 2 professional (see instructions), enter the net income or (loss) you reported anywhere on Form 1040 or Form 1040NR from all rental real estate activities in which you materially participated under the passive activity loss rules 43 BAA FDIZ2302 06/25/10 Schedule E (Form 1040) 2010 Attachment Sequence No. 13 Your social security number -48-2715 SCHEDULE SE OMB No. 1545-0074 (Form 1040) Self-Employment Tax 2010 Department of the Treasury Attachment )1 to Form 1040 or Form 1040NR. ' See Instructions for Schedule SE (Form 1040). sequence No. 17 internal Revenue Service 99 - Name of person with self-employment income (as shown on Form 1040) Social security number of person Sharman P. Thurston. III with self-employment income' 1036-48-2715 Before you begin: To determine if you must file Schedule SE, see the instructions. May I Use Short Schedule SE or Must I Use Long Schedule SE? Note. Use this flowchart only if you must file Schedule SE. If unsure, see Who Must File Schedule SE, in the instructions. J Did you receive wages or tips in 2010? No Are you a minister, member of a religious order, or Christian Science practitioner who received IRS approval not to be taxed on earnings from these sources, but you owe self-employment tax on other earnings? No Are you using one of the optional methods to figure your net earnings (see instructions)? No Did you receive church employee income (see instruc- tions) reported on Form W-2 of $108.28 or more? No You may use Short Schedule SE below Was the total of your wages and tips subject to social Yes security or railroad retirement (tier 1) tax plus your net earnings from self-employment more than $106,800? No Yes Did you receive tips subject to social security or Medicare Yes tax that you did not report to your employer? No I Did you report any wages on Form 8919, Uncollected Social Security and Medicare Tax on Wages? V You must use Long Schedule SE on page 2 1 Section A - Short Schedule SE. Caution. Read above to see if you can use Short Schedule SE. 1 a Net farm profit or (loss) from Schedule F, line 36, and farm partnerships, Schedule K-1 (Form 1065), box l4,code A ................................................... b If you received social security retirement or disability benefits, enter the amount of Conservation Reserve Program payments included on Schedule F, line 6b, or listed on Schedule K-1 (Form 1065), box 20, codeY ....................................................... 2 Net profit or (loss) from Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 (Form 1065), box 14, code A (other than farming); and Schedule K-1 (Form 1065-13), box 9, code J1. Ministers and members of religious orders, see instrs for types of income to report on this line. See instrs for other income to report ...................................................... 3 Combine lines la, 1b, and 2. Subtract from that total the amount on Form 1040, line 29, or Form 1040NR, line 29, and enter the result (see instructions). .. .. .. . • • • • • • • • • • • • • • • • • • • • • • 4 Multiply line 3 by 92.35% (.9235). If less than $400, you do not owe self-employment tax; do not file this schedule unless you have an amount on line 1 b . .... .. . ... . . . . . ...... ...... .. ... ? Note. If line 4 is less than $400 due to Conservation Reserve Program payments on line 1 b, see instructions. 5 Self-employment tax. If the amount on line 4 is: • $106,800 or less, multiply line 4 by 15.3% (.153). Enter the result here and on Form 1040, line 56, or Form 1040NR, line 54. • More than $106,800, multiply line 4 by 2.9% (.029). Then, add $13,243.20 to the result. Enter the total here and on Form 1040, line 56, or Form 1040NR, line 54. 6 Deduction for one-half of self-employment tax. Multiply line 5 by 50% (.50). Enter the result here and on Form 1040, line 27 or Form 1040NR, line 27 . 6 BAA For Paperwork Reduction Act Notice, see your tax return instructions. 79,910. 7 73,797. 5 11,291. 5,646. Schedule SE (Form 1040) 2010 FDIA1101 12/29/10 SCHEDULE M (Form 1040A or 1040) Department of the Treasury internal Revenue Service OMB No. 1545-0074 Making Work Pay Credit 2010 ? Attach to Form 1040A or 1040. ? See separate instructions. Attachment 166 Sequence No. Name(s) shown on return Sharman F. Thurston. III Your social security number 036-48-2715 Caution: To take the making work pay credit, you must include your social security number (if filing a joint retum, the number or enner you or your spouse) on your tax return. A social security number does not include an identification number issued by the IRS. Only the Social Security Administration issues social security numbers. Caution: You cannot take the making work pay credit if you can be claimed as someone else's dependent or if you are a nonresident alien. Important: Check the 'No' box on line 1 a and see the instructions if: (a) You have a net loss from a business, (b) You received a taxable scholarship or fellowship grant not reported on a Form W-2, (c) Your wages include pay for work performed while an inmate in a penal institution, (d) You received a pension or annuity from a nonqualified deferred compensation plan or a nongovernmental section 457 plan, or (e) You are filing Form 2555 or 2555-EZ. 1 a Do you (and your spouse 'if filing jointly) have 2010 wages of more than $6,451 ($12,9031 married filing jointly)? X B Yes. Skip lines 1 a through 3. Enter $400 ($800 if married filing jointly) on line 4 and go to line 5. 1a 74,264. No. Enter your earned income (see instructions) ... - b Nontaxable combat pay included on line 1a (see instructions) ........ ....... .. 1 b 2 Multiply line la by 6.2% (.062) .. • .. . • • • . . • . • • .. • . • • • • • • • • 2 4,604. 3 Enter $400 ($800 if married filing jointly) ... .. • • . • • .. • • • • • . • • • • 3 -400.- ou checked 'Yes' on line 1 a) ...... • • . • • • • . • • • • • • nless 3 2 li f li 4 400. y (u or ne ne 4 Enter the smaller o or Form 1040A, line 22........ . line 38* 5 Enter the amount from Form 1040 5 74,849. , , 000 if married filing jointly) . . • • . • • • • • • . • • • • 000 ($150 6 Enter $75 6 75,000. , , 7 Is the amount on line 5 more than the amount on line 6? X No. Skip line 8. Enter the amount from line 4 on line 9 below. a: Subtract line 6 from line 5 ...... .. ... ........... . .. 8 Yes 7 . ...... .... ... 2% 02 b . .. . .. . .. . .. ... 8 ) .......... .. .. .. (. y 8 Multiply line 7 ... • • • .. • • . • . • • • . • • • • • • • • • • • • • ' enter -0- If zero or less li 4 t li 8 f 9 400. . , ne . rom ne 9 Subtrac 10 Did you (or your spouse, if filing jointly) receive an economic recovery payment in 2010? You may have received this payment in 2010 if you did not receive an economic recovery payment in 2009 but you received social security benefits, supplemental security income, railroad retirement benefits, or veterans disability compensation or pension benefits in November 2008, December 2008, or January 2009 (see instructions). XD No. Enter -0- on line 10 and go to line 11. 0 Yes. Enter the total of the payments you (and your spouse, if filing jointly) received in 2010. re than $250 ($500 if marred filing jointly) ............ .. . .. . t t D 10 0. er mo o no en 11 Making work pay credit. Subtract line 10 from line 9. If zero or less, enter -0-. Enter the result here and on • . . ....... • • • • • • • • • • • • • • • . • • • • .. • line 40 m 1040A Fo li 63 1040 11 400. .. . . , ; or r ne , Form If you are filing Form 2555, 2555-EZ or 4563 or you are excluding income from Puerto Rico, see instructions. BAA For Paperwork Reduction Act Notice, see your tax return instructions. Schedule M (Form 1040A or 1040) 2010 FDIA8501 09/20/10 Tax Payments Worksheet 2010 ? Keep for your records Name(s) Shown on Return Social Security Number Sherman E Thurston, III 1036-48-271 Estimated Tax Payments for 2010 (If more than 4 payments for any state or locality, see Tax Help) Federal State Local Date Amount Date Amount ID Date Amount ID /10 224 6 04/15/10 780. PA 04/15/10 1 04/15 15/10 . , 224 6 06/15/10 780. PA 06/15/10 2 06/ 10 . , 224 6 09/15/10 780. PA 09/15/10 3 4 09/15/ 18/11 1 . , 224 6 21/18/11 780. PA 01/18/11 5 / 0 . , T ot Estimated 896 24 120 . 3 P ayments... . , , Tax Payments Other Than Withholding (If multiple states, see Tax Help) Federal State ID Local ID 2010 li d t t .... o e s app 6 Overpaymen and trusts t t d b di _ . ... es y es a te 7 Cre h 7 1 throu Li T l 896. 24 3,120. - ... g nes ota s 8 010 t i , ons •.••••.••••• ex ens 9 2 Taxes Withheld From: Federal State Local ..... . 2 W F ................ orms - 10 W 2G ••••••• 1 F - ...•.•..•••••• orms 1 R ••••••• 1099 12 F ......••••••• - orms ....... MISC and 1099-G 1099 13 F µ .... - orms ........ K-1 l h d 14 S 4 ......... ... es u c e DIV and OID .... • . • • • • • ms 1099-INT 15 F r , or and Railroad Benefits ..... . cial Securit 16 S y o 1099-B 17 F St Loc ....... orm ithholdin Oth 18 St Loc g .... er w a ithholdin b Oth St Loc g .... er w ithholdin Oth St Loc g .... er w c Lines 1 l Withholdin t 19 T 0 through 18c .... . g a o .. • • . • • ments for 2010 P l T 20 T t 24,896. 3,120. .... ax ay a o Prior Year Taxes Paid In 2010 (If multiple states or localities, see Tax Help) State ID Local ID • • . • • • • • . ith 2009 extensions id T ..... w ax pa 21 ........ aid after 12/31/09 d tax ti t 2 2009 660. PA 425. PAG . p ma e es 2 ........ aid with 2009 return l d 23 B 440. PA .... ue p ance a etc) .. installment payments d returns d 24 Oth , , er (amen e Schedule E Schedule E Worksheet ? Keep for your records. 2010 Name(s) as shown on return 5oaai 5ecunty rvumoer 036-48-2715 Sherman E Thurston, III This copy of the worksheet will be on ....... . .. .. .. ...... . ? Schedule E, Page 1, Copy 1, Property B From Schedules K-1 Location (street address) Encore Energy Partners LP 1 Propertytype Zip Foreign Country State Ci ty - Check all that apply A Owned by spouse .... ....... ... .. ... . . B Owned jointly .. • • • • • • • • • • • • • • • • • • • • • • • X C Rental property ................ .. ... .. D Royalty property .. .. . .. . . . .. ... . ... .... . . E Active participation ... • • • • • • • • • • • • • • • • • • F Material participation .. . ..... . . . .. ..... ... . . G Commercial property ... ....... ... .. ... . . H Some investment is not at risk . .. . . ... .. ...... . . Rented to a nonpassive activity.. • • • . • • • • • • • • • J Other passive exceptions. .. . • • • • • • • • • • • • • • • K Complete taxable disposition - See Help .. .... . . . Yes No L Treat all MACRS assets for this activity as qualified Indian reservation property? . . • • • • • • • • • • • • • • • • • • • • • lar ? Extension R No egu M Treat all assets acquired after August 27, 2005 as qualified GO Zone property?........ • • • • I N Treat all assets acquired after May 4, 2007 as qualified Kansas Disaster Zone property? .. . • • • • • • • • • • • • • • • • Yes No O Was this activity located in a Qualified Disaster Area? . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Yes No X Ownership Percentage P Check to allocate income and expenses using ownership percentage . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ' ' • ' ' n ' La t Q Enter ownership percentage .. • • • • • • • • • • • • • • • • • • • • • • • • • ' ' • ' ' ' ' ' ' ' ' ' ' ' ' • ' ' • ° Combined personal residence and rental use ' • ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ? R Check to allocate personal use items.... • • • • • • • • • • • • • • • • • • • • • • • S Percentage of rental use ... ..... ... .. . .. . ..... . ..... ........ ... ... .. ... . ° Vacation home T Check if this is a vacation home property .. • • • • • • • • • • • • • • • • • • • • • • • • ' ' • • ' ' ' ' ' ' ' ' ' ' ' 8 U Check to allocate interest and taxes using Tax Court Method . . • • • • • • • • • • • • • • • • • • • • • • • • • ' ' • ' ' ' ' ' ' ' ' V Number of days rented .... ..... ... ...... .. .. ............... .. . .... ... ... ...... . W Number of days personal use. ... • • • • • • • • • • • • • • • • • • • • • • • • ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' • ' • • • ' ' • • ' n ?.U111I W ..a ,...,,. . ........... ....... ....... --- - - - ncome % if Different Total 3 Enter rental income (not reported on 1099) . • • • • • • • • • • • • Rents from 1099-MISC and Cancellation of Debt Worksheets. . • nts received ••••••••••••••••• T t l ....••• o a re 4 Enter royalties received (not reported on 1099) .. • • • • • • Schedule K•1 and Cancellation of Debt Worksheets .. alties from 1099-MISC Ro 2. , y Total royalties received . • • • • • Expenses (a) (b) Total Enter % if mot 00 10 . (c) Reported on Schedule E 100.000000 (d) Vacation Home Loss Limitation 21 (e)) Allocated to Personal Use 5 Advertising . . .. ...... . 6 a Auto ... .. .. .... .. b Travel .. . • • • • • • • • • • 7 Cleaning and maintenance .. . 8 Commissions. .. ....... r.-':'.: -.? . ,r ; 9 a Mortgage insurance qualified . . b Other insurance . .. • • • • 10 Legal and other professional fees .. n 11 Management fees • .. • • • 12a Mortgage interest qualified .. . :. a b Mortgage interest other .... . 13 Other interest. .. ..... . . . .. .. ...... . . 14 Repairs . 15 Supplies . .. ........ . 16 a Real estate taxes . ... • • • b Other taxes.. .. .... .. . 17 Utilities .•••••••••••• 18 Other expenses . ...... . a b c e Indirect operating expense • • . over ense carr eratin ex f O . . y g p p . . Vehicle rental . . . . . . . . g Amortization i . .. .. • • • • n h 18 19 Add lines 5 throu g • . . . 20 a Depreciation . .. . ... . . . b Depletion . .. .. . ... . . . c Depreciation carryover .. . . . Add 19 and 20 . .. .. • • - • • • • • • • • • • • enses 21 Total ex . p 22 Income or (loss) . • • • • • • • • • • • • • • • • • • • • • • • • • • 2 ' 7,4 nPrhirtihla rental real estate loss . . . . . . . . . . . . . . . . . . . FDIX1701 07/08/10 7 Schedule K-1 Partner's 8h3re of Income, Credits, 2010 (Form 1065) a uctlons, etc. ? Keep for your records Partner's Name Social Security Number Sherman E Thurston, III 036-48-2715 Part I Information About the Partnership A Partnership's Employer Identification Number ................. 20-5913059 B Partnership's Name .. . .. • • • • • • • • • • • • • • Cheniere Ener Partners, L.P. Address ...... ............ i am treet, uite City ................... Houston State Tx ZIP Code ....... • • • • • • • • • 77002 C IRS Center where partnership filed return ................... Ogden, UT D [ Check if this is a publicly traded partnership (PTP) Check if foreign partnership a •> -] Information About the Partner Partner is Taxpayer . - ? X Spouse.... ?0 Joint ... ?0 E Partner's identifying Number ...... • • • • • • • • • • • • • • • • • • 036-48-2715 F Partner's Name ............. • Sherman E Thurston, III Address ......... • • ='S_-.-A-r-= City ..... • • • • • • Mechanicsburg . PA State ......•••••••• ZIP Code . .. .. . . • • • • • 17055 G W General Partner or LLC manager X Limited Partner or other LLC member H Wh Domestic Partner e Foreign Partner at type of entity is this partner? ..... • • • • . • • • Individual J Partner's Share of Profit, Loss, Capital: Beginning Ending % Profit ........ % Loss. % % Capital .. % % K Partner's Share of Liabilities at Year End: Nonrecourse ..... ............................... . Qualified nonrecourse financing ... • • . • • • • • • • • • • • • • • • • • • • • • • • • • Recourse ............................................ All investment in partnership is at-risk .... • • • • • • • • • • • • • • • • • • • . 'B Some investment in partnership is not at-risk ................... ? L Partner's Capital Account Analysis: Beginning Capital Account ................................. . Capital Contributed During the Year ............................... 4 Current Year Increase (Decrease) ...... • • • • • • • • • • • • • • • • • • • • • • • -14. Withdrawals & Distributions .................................. -44. Ending Capital Account .............................. 91. x Tax Basis GAAP 0 Section 7 book e Other (Explain) Final K-1 Amended K-1 a :ter Partner's Share of Current Year Income, Deductions, Credits, Other Items Check Type of Activity Reported on this Schedule K-1: Business ...................................? X Rental Real Estate ................................. ? Other Rental Activities .. .. • • • . • • • • • • • • • • • • • • • • • • • • Other (investment club, etc.) ..... • • • • • • • • • • • • • • • • • • • • • • Multiple types of activities ........................... . 1 Ordinary business income (loss) ... • : -13. Check if "materially" participated in the business activities ...... ' ... e ? Check if "working interest" in oil or gas well .................. . 2 Net rental real estate income (loss) .... Check if "materially" participated in rental real estate activities....... • . ?8 Check if "actively" participated in rental real estate activities ......... ? Check if rental of property to a nonpassive activity .............. ? 3 Other net rental income (loss) ..•••••••••••••••••.•••••••• Check if rental of property to a nonpassive activity ............... ?= 4 Guaranteed payments .................... ................ . .......... ..... .. . • . 5 Interest income.. • • • • . • • • • • • • • • • Interest income from U.S. obligations included in box 5...... . 6 a Ordinary dividends ...................................... . 6 b Qualified dividends .....••••••••••••.•••••••••••••••••••• Interest income from U.S. obligations included in box 6....... . 7 Royalties ..... ............ . Double-click to link royalties to Schedule E Worksheet ...... ? Sherman E Thurston, III Partnership Name C eniere Enercrv Partners, L.P. 036-48-2715 Page2 art III I = Partner's Share of Current Year Income, Deductions, Credits, Other Items (continued) 8 Net short-term capital gain (loss) .. . ................... ........ . 9 a Net long-term capital gain (loss) ... • • • • • • • • • • • • • • • • • • • 9 b Collectibles (28%) gain (loss) .... • • • • • • • • • • . • • • • • • • • • • • • • • • • . • • • • • . 9 c Unrecaptured section 1250 gain ...................... ......... 10 Net section 1231 gain (loss) . ... • • • • • • • • • • • • • • • • • • • • • • • • • • • 11 Other income (loss) Code Description Amount 12 Section 179 deduction ......... ................... ........ . 13 Other deductions Code Description H Investment interest expense Amount 1 14 Self-employment earnings (loss) Code Description Amount 15 Credits & credit recapture Code Description Amount 16 Foreign transactions A Name of country or U.S. possession.... ? Code Description Amount 17 Alternative minimum tax (AMT) items Code Description Amount 18 Tax-exempt income and nondeductible expenses Code Description Amount 19 Distributions Code Description Amount A Cash and marketable securities 44. 20 Other information Code Description V Unrelated business taxable income Amount -12. Sherman E Thurston, III 036-48-2715 Page3 Partnership Name Cheniere Energy Partners, L. P. Section Passive Activity Adjustment to Income or Loss -For Regular Tax Purposes Activity net income (loss) ... ... -13. Classification... .. Passive-PTP Passive Activity Income (Loss) Description (a) Gain (Loss) Limited by Form 6198 if Applicable (b) Suspended Loss Carryover From Prior Year Enter as Negative (c) Net Income (Loss) Allowed (d) Loss Suspended for Current Year 1 Ordinary income (loss) for Schedule E: ass through.... income (loss) O dinar -13. 0. -13. p r y a ense . • • • b Section 179 ex ....... p ........ ense Section 59(e)(2) ex .. p c enses • • • • eimbursed ex d U .... p nr ... . ense letion ex D .......... p e ep ense • • • • terest ex f I ........ • • p n .. . T t l -13. 0 . -13. . .. . ........ .. .. g o a 2 Ordinary income (loss) for Form 1040: .... . income from recoveries a Ordinar . y b Cancellation of debt income ...... • ....... Total .............. c 2c income (loss) Add 1g l ordinar 3 T t -13. 0. -13. , . y o a 4 Commercial revitalization deduction: Commercial revitalization deduction ... . a Line 1 g less 4a b Memo: Net to Sch E -13. 0. -13. . . 5 Short-term capital gain (loss) for Sch D: ortfolio capital gain (loss)..... • . a Non- p • • • . • • • . . b Installment sales ...... c Sale of assets • • • • • • • • ...... artnership interest ..... • . • d Sale of p ......... eTotal ............ 6 Long-term capital gain (loss) for Sch D: ital gain (loss)...... . ortfolio ca a Non- p p ........ . b Installment sales ...... c Sale of assets • • • • • • • • • ...... artnership interest ........ . d Sale of p ........... eTotal ......... 7 Section 1231 gain (loss) for Form 4797: a Section 1231 gain (loss) pass through .. . ............ . b Installment sales .. c Sale of assets .....•.••••••••• ............ dTotal ......... 8 Ordinary gain (loss) for Form 4797: gain (loss) pass through .... . a Ordinar y ......... . b Installment sales ..... c Sale of assets •••••••••• ...... d Sale of partnership interest ........ . ........... e Total .......... 8e... 7d 5e 6e 4a 9 Total Combine lines 3 -13. 0 . -13. , , , , , Sherman E Thurston, III 036-48-2715 Page4 Partnership Name Cheniere Energy Partners, L.P. Section Passive Activity Adjustment to Income or Loss - Alternative Minimum Tax Purposes Passive Activity Income (Loss) Description (a) Gain (Loss) Limited by Form 6198 if Applicable (b) Suspended Loss Carryover From Prior Year Enter as Negative (c) Net Income (Loss) Allowed (d) Loss Suspended for Current Year 1 Ordinary income (loss) for Schedule E: income (loss) pass through.... a Ordinar -13. 0. -13. y b Section 179 expense ..... • • • • • • • c Section 59(e)(2) expense ......... . d Unreimbursed expenses ......... . e Depletion expense ............. . f Interest expense ..... • . • • • • • • • • . . ... .. .. . . . Total 713. 0. -13._ ... .. . .. . g 2 Ordinary income (loss) for Form 1040: income from recoveries ..... . a Ordinar y b Cancellation of debt income ..... ............ c Total ......... 2c. 3 Total ordinary income (loss) Add 1g -13. 0. -13.. , 4 Commercial revitalization deduction: a Commercial revitalization deduction ... . Line 1 g less 4a. b Memo: Net to Sch E -13. 0. -13. . 5 Short-term capital gain (loss) for Sch D: a Non-portfolio capital gain (loss).. .. .. . b Installment sales ........ • • • • • • :. c Sale of assets .......••••-••-• d Sale of partnership interest .. ...... . ............... e Total ...... 6 Long-term capital gain (loss) for Sch D: a Non-portfolio capital gain (loss).... b Installment sales ..... ... .. .. ... ' c Sale of assets ......... ...... . d Sale of partnership interest ...... • • • eTotal ..................... 7 Section 1231 gain (loss) for Form 4797: a Section 1231 gain (loss) pass through .. . b Installment sales ........ .. .... . c Sale of assets ......... ...... . d Total ..... ......... .. .... . 8 Ordinary gain (loss) for Form 4797: a Ordinary gain (loss) pass through .... . b Installment sales ........ • . • • • . c Sale of assets ......... .... .. . d Sale of partnership interest .. .... .. . e Total .............. ...... . 8e.. . 6e 7d 4a 5e 9 Total Combine lines 3 -13. 0. -13. , , , , , Sherman E Thurston, III 036-48-2715 Page 5 Partnership Name Cheniere Energy Partners, L.P. Section income and Loss Reported on Schedule E, Supplemental Income or Loss Passive Income and Loss Nonpassive Income and Loss # Description M Loss K-1 (9) Income K-1 (h) Loss K-1 (I) Section 179 (i) Income K-1 1 A PTP-Cheniere Energy Partners, L.P. 0. Schedule K-1 Partner's Reductions, of Income, Credits, (Form 1065) etc. ? Keep for your records 2010 Partner's Name Social Security Number Sherman E Thurston, III 036-48-2715 Information About the Partnership A Partnership's Employer Identification Number ................. 20-8456807 B Partnership's Name ................... Encore Energy Partners LP C D Address ................ . City .................. State ................... ZIP Code . ..... . IRS Center where partnership filed return ....... • • • • - X Check if this is a publicly traded partnership (PTP) Check if foreign partnership ;a Information About the Partner E F G H I J Partner is Taxpayer .. ?F_X_? Partner's identifying Number .............. . Partner's Name .............. Sherman E Thurston, III Address ............. 11b S. Arc =f. City .......... • • • • • Mec anics urg State PA, ZIP Code ......... • • • 17055 Wha Ge neral Partner or LLC manager X Limited Partner or other LLC member Domestic Partner . B Foreign Partner t type of entity is this partner? ........................ Individual Partner's Share of Profit, Loss, Capital: Beginning Ending Profit ....... ............... % Loss ........................ % Capital % K Partner's Share of Liabilities at Year End: Nonrecourse..... ••••••••------••••• ••••• Qualified nonrecourse financing ...... • • • • • • • • • • • . • • • • • . .. . 194. Recourse ........................................... All investment in partnership is at-risk ........ • • • • • • • • • • • • .. • ' X Some investment in partnership is not at-risk .................... ?e L Partner's Capital Account Analysis: Beginning Capital Account ............................. . Capital Contributed During the Year ............................ . 63. Current Year Increase (Decrease) .... • . • • • • • • • • • ... • • • • • . • • • • . . Withdrawals.& Distributions ................................... -45. . .... .. Ending Capital Account ..... . . . . . ... 24. Tax Basis GAAP 0 Section 7 0o c e% Other (Explain) 0 Final K-1 Amended K-1 Partner's Share of Current Year Income, Deductions, Credits, Other Items Check Type of Activity Reported on this Schedule K-1: Business ................................... ? X Rental Real Estate ....... • • • • • • • • • . • .. • • . • • • • • • • • • • Other Rental Activities ... ........ • • .... • .. • • • • • • • • . • • ? Other (investment club, etc.) ...... • • • • . • • • • • • • • ... • . . Multiple types of activities . ..... . • . • • • • • • • • • . • • • • • . • • • • 1 Ordinary business income (loss) ...... • : • • • • • • • • • ....... • . • • B 37. Check if "materially" participated in the business activities ........ • . • ? Check if "working interest" in oil or gas well .... • ... • • • • • • • • • • • 2 Net rental real estate income (loss) .. • . Check if "materially" participated in rental real estate activities......... ?? Check if "actively" participated in rental real estate activities .......... ? Check if rental of property to a nonpassive activity ............... ? 3 Other net rental income (loss) ....••••••••.••••••••---••-- Check if rental of property to a nonpassive activity ....... 0 4 Guaranteed payments .....••••••••••••••------•-••••••-•• 5 Interest income ......................................... . Interest income from U.S. obligations included in box 5...... • • 6 a Ordinary dividends ......... • • . • • . • • • • ...... • .. • • • . • • • • • . • 6 b Qualified dividends .....•.••••••••••••••--•--••••••-••••• Interest income from U.S. obligations included in box 6....... • 7 Royalties ..... ..................................... 2. Double-click to link royalties to Schedule E Worksheet ...... o- .>;oc°re Bnergy Partners LP Spouse.... ?0 Joint ... ?? . . . . . . . . . . . 036-48-2715 Sherman E Thurston, III 036-48-2715 Paget Partnership ame Encore Eneray Partners LP art III Partner's Share of Current Year Income, Deductions, Credits, Other Items (continued) 8 Net short-term capital gain (loss) .... • • • • • • • • • • • • • • • • • • • • • • • • • • . 9 a Net long-term capital gain loss . . . . . . . . . . . ............. ... .. • • 9 b Collectibles (28%) gain (loss) . .... • . • • • • • • • • • • • • • • . • • • • • • .... . 9 c Unrecaptured section 1250 gain .... • • . • • • • • • • • • • • • • • • • • • • • • • • . 10 Net section 1231 gain (loss) . .... • • • • • • • • • • • • • • • • • • • • • • . . . . . . 11 Other income (loss) Amount Code Description 12 Section 179 deduction .............................. ....... 13 Other deductions Amount Code Description 1 J Section 59(e)(2) expenditures ** . 14 Self-employment earnings (loss) Code Description Amount 15 Credits & credit recapture Amount Code Description 16 Foreign transactions ? A Name of country or U.S. possession. . . . Code Description Amount 17 Alternative minimum tax (AMT) items Code Description Amount 83 D Oil, gas, and geothermal - gross income . E Oil, etas, and geothermal - deductions 32• 18 Tax-exempt income and nondeductible expenses Code Description Amount 19 Distributions Amount Code Description A Cash and marketable securities 45. 20 Other information Code Description Amount A Investment income 2. Sherman E Thurston, III 036-48-2715 Page 5 Partnership Name Encore Energy Partners LP Section Income and Loss Reported on Schedule E, Supplemental Income or Loss Passive Income and Loss Nonpassive Income and Loss # Description M Loss K-1 (9) Income K-1 (h) Loss K-1 (i) Section 179 U) Income K-1 2 B PTP-Encore Energy Partners LP 0. 13. 24. 3 C Intangible drilling costs 1 . 4 D Depletion 12. Schedule K-1 Partner's ghgre of Income, Credits, 2010 (Form 1065) a uctlons, etc. ? Keep for your records Partner's Name Social Security Number Sherman E Thurston, III 036-48-2715 Information About the Partnership A B C D Partnership's Employer Identification Number ................. 23-2787918 Partnership's Name ... . .. .. .. . . . . .... . Americas Partners, L. P. Address ..... • • • • . • • • • • • • • City ................... State • • • • ZIP Code . ....... • IRS Center where partnership filed return ..... • • • • • • • • • • Check if this is a publicly traded partnership (PTP) BX Check if foreign partnership Part -ilk Information About the Partner Partner is Taxpayer .. ?M Spouse.... ?? Joint ... ?? E Partner's identifying Number . ..... .... ....... . ....... . 036-48-2715 F Partner's Name .............. Sherman E Thurston, III Address............ • rc City ............... Mec anics ur State ........... G H ZIP Code ........... 17055 General Partner or LLC manager X Domestic Partner Limited Partner or e Foreign Partner other LLC member at type of entity is this partner? ....... Wh ............... ... Individual J Partner's Share of Profit, Loss, Capital: Beginning Ending Profit ............... % % % % Loss ....................... Capital • • K Partner's Share of Liabilities at Year End: Nonrecourse ..... ......... .............. ........ . Qualified nonrecourse financing ........ .............. ........ . Recourse ..................... .............. ......... All investment in partnership is at-risk .... • . • • • • • • • • • • • • • • • • • . .. Some investment in partnership is not at-risk ..... • • • • • • • • • • • • • L Partner's Capital Account Analysis: Beginning Capital Account ............................. . Capital Contributed During the Year ..... • • • • • • • • • • • • • • • • • • • • • • • . 3,210. Current Year Increase (Decrease) .. • • . • • • • • • • • • • • • • • • • • • • • • • • • • -229. Withdrawals & Distributions ................................. . Ending Capital Account .... ... • • • • 2,815. eX Tax Basis GAAP Section 7 BOOK Other (Explain) Final K-1 0 Amended K-1 Ifr Partner's Share of Current Year Income, Deductions, Credits, Other Items Check Type of Activity Reported on this Schedule K-1: Business ...................................? X Rental Real Estate .... Other Rental Activities .. ........................... ? Other (investment club, etc.) ... • . • • • • • • • • • • • • • • • • • . • • . • Multiple types of activities ..... • • • • • • • • • • • • • • • • • • • • • • . • ? ry (loss) ............................ B - 1 Ordinary business income 234. Check if "materially" participated in the business activities . • 0. Check if "working interest" in oil or gas well ...... • • • • • • • • • • • • • ? 2 Net rental real estate income (loss) ... • • • • • • Check if "materially" participated in rental real estate activities..... • • .. . Check if "actively" participated in rental real estate activities ...... • • • ? Check if rental of property to a nonpassive activity .............. ? 3 Other net rental income (loss) ......•••••••••••••••••••••:•0. Check if rental of property to a nonpassive activity ... ... • • • • • • • ? 4 Guaranteed payments .....•••••••••••••••••••••••••••••••• 5 Interest income ......... ............. ................... 12. Interest income from U.S. obligations included in box 5..... • 6 a Ordinary dividends ....... ............................... . 6 b Qualified dividends ...... ................................ . Interest income from U.S. obligations included in box 6.... • • • • 7 Royalties ............................................ Double-click to link royalties to Schedule E Worksheet ... • • • ? Sherman E Thurston, III 036-48-2715 Page2 Partnership ame AmeriGas Partners, L.P. Tart III Partner's Share of Current Year Income, Deductions, Credits, Other Items (continued) 8 Net short-term capital gain (loss) ..... • • • • • • • • • • • • • • • • • • • • • • • • • 9 a Net long-term capital gain (loss) .... • . • . • • • • • • • • • • • • • • • • • • • • • 9 b Collectibles (28%) gain (loss) ................... ............. . 9 c Unrecaptured section 1250 gain ................. ........ . 10 Net section 1231 gain (loss) ... • . • • • • • • • • • • • • • • • • • • • • • • • • • • • -7 11 Other income (loss) Code Description Amount 12 Section 179 deduction ...........•••••••••••• •••••••••••••• 13 Other deductions Amount Code Description 14 Self-employment earnings (loss) Code Description Amount 15 Credits & credit recapture Code Description Amount 16 Foreign transactions A Name of country or U.S. possession.... ? Code Description Amount 17 Alternative minimum tax (AMT) items Code Description Amount A Post-1986 depreciation adjustment 65. 18 Tax-exempt income and nondeductible expenses Code Description Amount 19 Distributions Code Description Amount A Cash and marketable securities 166. 20 Other information Code Description Amount A Investment income 12. V Unrelated business taxable income -234. Y Other Information ** 877. Sherman E Thurston, III 036-48-2715 Page3 Partnership Name AmeriGas Partners, L.P. Section Passive Activity Adjustment to Income or Loss - For Regular Tax Purposes Activity net income (loss) . . .... -241. Classification.. ... Passive-PTP Passive Activity Income (Loss) Description (a) Gain (Loss) Limited by Form 6198 if Applicable (b) Suspended Loss Carryover From Prior Year Enter as Negative (c) Net Income (Loss) Allowed (d) Loss Suspended for Current Year 1 Ordinary income (loss) for Schedule E: income (loss) pass through.... a Ordinar -234. 0. -234. y ense .. • • . • • • b Section 179 ex ... p .. ...... . c Section 59(e)(2) expense . d Unreimbursed expenses ......... . ........ . ense letion ex De ..... p e p ense • . . • • • • • f Interest ex ...... p . . . .. . tal T -234. 0. -234. . .. . . . . ... . ... . g o 2 Ordinary income (loss) for Form 1040: income from recoveries ..... Ordinar y a .. • • . ncellation of debt income b C .. a ....... cTotal .............. 2c. income (loss) Add 1g 3 Total ordinar -234. 0. -234. , y 4 Commercial revitalization deduction: a Commercial revitalization deduction ... Line 1g less 4a. b Memo: Net to Sch E -234. 0. -234. . 5 Short-term capital gain (loss) for Sch D: ortfolio capital gain (loss).... • • a Non- p b Installment sales • . • • • • • • ...... •••.••••••• c Sale of assets .•..• artnership interest ........ . d Sale of p ........... eTotal .......... 6 Long-term capital gain (loss) for Sch D: ortfolio capital gain (loss)...... • a Non- p ..... . b Installment sales ... •••••••••. c Sale of assets ...•.. d Sale of partnership interest .. .. • . ............... eTotal ...... 7 Section 1231 gain (loss) for Form 4797: a Section 1231 gain (loss) pass through ... -7. 0 • -7. ....... ...... . b Installment sales . c Sale of assets ......•.•••••••• ........ ....... d Total -7. 0. -7. ...... 8 Ordinary gain (loss) for Form 4797: a Ordinary gain (loss) pass through .... . b Installment sales ........ • • • • • • • ...... ...... . c Sale of assets ... artnership interest .. ...... . d Sale of p ............ e Total ......... 7d 8e. • . 6e 4a 5e 9 Total Combine lines 3 -241. 0. -241. , , , , , Sherman E Thurston, III 036-48-2715 Page4 Partnership Name AmeriGas Partners, L.P. Section Passive Activity Adjustment to Income or Loss - Alternative Minimum Tax Purposes Passive Activity Income (Loss) Description (a) Gain (Loss) Limited by Form 6198 if Applicable (b) Suspended Loss Carryover From Prior Year Enter as Negative (c) Net Income (Loss) Allowed (d) Loss Suspended for Current Year 1 Ordinary income (loss) for Schedule E. income (loss) pass through. . . . a Ordinar -16 9 . 0. -16 9 . y ense • • • • • - - - b Section 179 ex p .... ...... . ense c Section 59(e)(2) ex ... p ...... . enses d Unreimbursed ex ... p ....... . ense letion ex e De ...... p p ense • • • .. . f Interest ex p ..... • . • ... . .. . Total -16 9 . 0. -16 9 . ....... ....... g .2 Ordinary income (loss) for Form 1040: ... . income from recoveries Ordinar .. a y . • • • • • b Cancellation of debt income .. ....... cTotal .............. 2c. income (loss) Add 1g 3 Total ordinar -169. 0. -169. , y 4 Commercial revitalization deduction: a Commercial revitalization deduction ... . Line 1 g less 4a b Memo: Net to Sch E -16 9 . 0. -16 9 . . . 5 Short-term capital gain (loss) for Sch D: ortfolio capital gain (loss)..... . a Non- p .......... b Installment sales s . ..... ..... . . c Sale of assets ........ . artnership interest ........ . d Sale of p .......... eTotal .......... 6 Long-term capital gain (loss) for Sch D: ortfolio capital gain (loss).... . a Non- p b Installment sales • • . • • ........ c Sale of assets • • • • • • . • ....... artnership interest ..... • .. • d Sale of p ........ e, Total ............. 7 Section 1231 gain (loss) for Form 4797: a Section 1231 gain (loss) pass through ... -7. 0. -7. ............. . b Installment sales . c Sale of assets .....•.••--•- ... . ... ..... .. d Total -7. 0. -7. .......... 8 Ordinary gain (loss) for Form 4797: ain (loss) pass through .... . a Ordinar y g ......... .. . b Installment sales ... ........... . c Sale of assets .... d Sale of partnership interest .. .... .. . ............ eTotal ........ 7d 8e.. . 6e 4a 5e 9 Total Combine lines 3 -176. 0. -176. , , , , , Sherman E Thurston, III 036-48-2715 Page 5 Partnership Name AmeriGas Partners, L. P. Section C Income and Loss Reported on Schedule E, Supplemental Income or Loss Passive Income and Loss Nonpassive Income and Loss # Description (t) Loss K-1 (9) Income K-1 (h) Loss K-1 (I) Section 179 (1) Income K-1 5 L.P. E PTP-AmeriGas Partners 0. , Schedule K-1 Partner's Shire of Income, Credits, 2010 (Form 1065) ? ee ctio us, et ds Partner's Name Social Security Number Sherman E Thurston, III 036-48-2715 [Part Information About the Partnership A Partnership's Employer Identification Number ................. 74-3140887 B Partnership's Name •..•..........••••• Global Partners LP Address ................ . City .................. State ................... ZIP Code ......... • • • • • • • C IRS Center where partnership filed return ..... • • . • • • • • • • • • • • D eX Check if this is a publicly traded partnership (PTP) Check if foreign partnership Information About the Partner E F G H I J K Partner is Taxpayer .. ?0 Spouse.... = Joint ... ?? Partner's identifying Number . . • • • • • • • • • • • . • • • • • • 036-48-2715 Partner's Name ..•.....•.•••. Sherman E Thurston, III Address....... • • . • . . 7115 S. rc City ............... Mechanicsburg . PA State .•..•..••••.•• ZIP Code ........ • .. • 17055 General Partner or LLC manager X Limited Partner or other LLC member r X Domestic Partner B Foreign Partner at type of entity is this partner? ... . • . • • • • Individual Partner's Share of Profit, Loss, Capital: Beginning Ending Profit .............. ........ % Loss . ..................... % Capital .. % Partner's Share of Liabilities at Year End: Nonrecourse ..... ............................. . Qualified nonrecourse financing ....... • • • • • • • • • • • • • • • • • • • • Recourse .......................................... 8,184. All investment in partnership is at-risk .............. .......... ? X? Some investment in partnership is not at-risk .................... ? L Partner's Capital Account Analysis: Beginning Capital Account .. .................. ............. . Capital Contributed During the Year ................... • . • .... • . 4 Current Year Increase (Decrease) .......................... • • • • Withdrawals & Distributions . . -150. Ending Capital Account ................................. 2,008. e Tax Basis 0 GAAP ... ? Section 7 BOOK Other (Explain) 0 Final K-1 0 Amended K-1 Wirt III .' ] Partner's Share of Current Year Income, Deductions, Credits, Other Items Check Type of Activity Reported on this Schedule K-1: Business ......................... .......... ? X Rental Real Estate ................................. ? Other Rental Activities ...... • . • • • • • • • • • . • • • • • • • • • • • . • ? Other (investment club, etc.) ....... • • • • • • • • • • • • • • • • • • • . Multiple types of activities ...... • • • • . • • • • • • • • • • • • • • • • • • 1 Ordinary business income (loss) .... • • • • • • • • • • • • • • • • • • • • • _189. Check if "materially" participated in the business activities . ......... e ? Check if "working interest" in oil or gas well .................. . 2 Net rental real estate income (loss) Check if "materially" participated in rental real estate activities......... ?8 Check if "actively" participated in rental real estate activities ........ • • ? Check if rental of property to a nonpassive activity ....... • • • . • • • • ? 3 Other net rental income (loss) ...... . • • • • • • • • • • • • • • • • • • • . Check if rental of property to a nonpassive activity ....... • • • • • • • • ?0 4 Guaranteed payments ..... ........ .................... ..... 2 5 Interest income ......... ........ .......... ............. . Interest income from U.S. obligations included in box 5...... 6 a Ordinary dividends ......... • . • • • • • • • • • • • • • • • • • • • • • • • • • • • 6 b Qualified dividends Interest income from U.S. obligations included in box 6...... . 7 Royalties ..... ..................................... Double-click to link royalties to Schedule E Worksheet ...... ? Sherman E Thurston, III 036-48-2715 Paget Partnership Name Global Partners LP art III Partner's Share of Current Year Income, Deductions, Credits, Other Items (continued) 8 Net short-term capital gain (loss) ....... • • . • • • • • • • • • • • • • • • • . 9 a Net long-term capital gain (loss) ....................... ......... 9 b Collectibles (28%) gain (loss) ......................... ... .... . 9 c Unrecaptured section 1250 gain ....................... ........ 10 Net section 1231 gain (loss) ......................... ....... . 11 Other income (loss) Code Description Amount 12 Section 179 deduction ............................. ... .... . 13 Other deductions Amount Code Description A Cash contributions (50%) 1. 14 Self-employment earnings (loss) Code Description Amount 15 Credits & credit recapture Code Description Amount 16 Foreign transactions A Name of country or U.S. possession.... ? Code Description Amount 17 Alternative minimum tax (AMT) items Code Description Amount A Post-1986 depreciation adjustment 19. 18 Tax-exempt income and nondeductible expenses Code Description Amount C Nondeductible expenses 2. 19 Distributions Code Description Amount A Cash and marketable securities 150. 20 Other information Code Description Amount A Investment income 2. y Unrelated business taxable income -189. Sherman E Thurston, III 036-48-2715 Page3 Partnership Name Global Partners LP Section Passive Activity Adjustment to Income or Loss - For Regular Tax Purposes Activity net income (loss) .... • -18 9 . Classification .. ... Pas s ive - PTP Passive Activity Income (Loss) Description (a) Gain (Loss) Limited by Form 6198 if Applicable (b) Suspended Loss Carryover From Prior Year Enter as Negative (c) Net Income (Loss) Allowed (d) Loss Suspended for Current Year 1 Ordinary income (loss) for Schedule E: a Ordinary income (loss) pass through.... -189. 0. -189. b Section 179 expense ....... • • c Section 59(e)(2) expense ......... . d Unreimbursed expenses ......... . e Depletion expense ....... • . • • • • f Interest expense .............. . ... . . .. . ...... Total -189. 0. -189. . ... g 2 Ordinary income (loss) for Form 1040: a Ordinary income from recoveries .... • • b Cancellation of debt income ...... • . .................... cTotal . 3 Total ordinary income (loss) Add 1g, 2c. -189. 0. _189.. 4 Commercial revitalization deduction: a Commercial revitalization deduction ... . Line 1 g less 4a. b Memo: Net to Sch E -18 9 . 0. -18 9 . . 5 Short-term capital gain (loss) for Sch D: a Non-portfolio capital gain (loss)...... • b Installment sales ....... • • • . • • • c Sale of assets ....•••••••••••• d Sale of partnership interest ...... • • . eTotal ..................... 6 Long-tern capital gain (loss) for Sch D: a Non-portfolio capital gain (loss)..... • . b Installment sales ......... • • • • • • " c Sale of assets ............... . d Sale of partnership interest ........ . eTotal .................... 7 Section 1231 gain (loss) for Form 4797: a Section 1231 gain (loss) pass through .. . b Installment sales ............... c Sale of assets ....... • . • • • • • • • dTotal ..................... 8 Ordinary gain (loss) for Form 4797: a Ordinary gain (loss) pass through .... . b Installment sales ....... • • • . • • • • c Sale of assets ........ • • • • • • • • d Sale of partnership interest ........ . e Total ..................... 6e,7d,8e.. . 4a 5e 9 Total Combine lines 3 -18 9 . 0. -18 9 . , , , Sherman E Thurston, III 036-48-2715 Page4 Partnership Name Global Partners LP Section B Passive Activity Adjustment to Income or Loss - Alternative Minimum Tax Purposes Passive Activity Income (Loss) Description (a) Gain (Loss) Limited by Form 6198 if Applicable (b) Suspended Loss Carryover From Prior Year Enter as Negative (c) Net Income (Loss) Allowed (d) Loss Suspended for Current Year 1 Ordinary income (loss) for Schedule E: income (loss) pass through.... a Ordinar -170. 0. -170. y b Section 179 expense ...... • . • • • c Section 59(e)(2) expense ...... • .. d Unreimbursed expenses ......... . . • . • . • • • • • • letion expense e De ... p . . • • . • . • • • • f Interest expense .... .. . ... .. .... . Total -170. 0. -170. ... ... .. g 2 Ordinary income (loss) for Form 1040: income from recoveries.... a Ordinar y b Cancellation of debt income ....... . ............. cTotal ........ 2c. 3 Total ordinary income (loss) Add 1g -170. 0. -170. , 4 Commercial revitalization deduction: a Commercial revitalization deduction ... . Line 1g less 4a. .. b Memo: Net to Sch E -170. 0. -170. . 5 Short-term capital gain (loss) for Sch D: a Non-portfolio capital gain (loss)...... • b Installment sales ..... ... • • • • • • c Sale of assets ...... ... ...... . d Sale of partnership interest ........ . ............... eTotal ...... 6 Long-term capital gain (loss) for Sch D: a Non-portfolio capital gain (loss)...... b Installment sales ..... c Sale of assets ...... . • • . • • • • • • d Sale of partnership interest .. ...... . ................... eTotal .. 7 Section 1231 gain (loss) for Form 4797: a Section 1231 gain (loss) pass through .. . b Installment sales ..... ... .. .... . c Sale of assets ...... ..... .... . dTotal ..................... 8 Ordinary gain (loss) for Form 4797: a Ordinary gain (loss) pass through .... . b Installment sales .. ... ... ...... . c Sale of assets ...... ... • • . • • . • d Sale of partnership interest .. ...... . eTotal ..................... 7d 8e... 6e 4a 5e 9 Total Combine lines 3 -170. 0. -170. , , , , , Sherman E Thurston, III 036-48-2715 Page 5 Partnership Name Global Partners LP Section C Income and Loss Reported on Schedule E, Supplemental Income or Loss Passive Income and Loss Nonpassive Income and Loss # Description M Loss K-1 (9) Income K-1 (h) Loss K-1 (I) Section 179 (i) Income K-1 6 F PTP-Global Partners LP 0. Schedule K-1 Partner's Share of Income, Credits, 2010 (Form 1065) a uctlons, etc. ? Keep for your records Partner's Name Social Security Number Sherman E Thurston, III 036-48-2715 Information About the Partnership A Partnership's Employer Identification Number...... • • • • . • • • • • • 65-1177591 B Partnership's Name ....... • • • • • . • • • • • • Linn Energy, LLC Address ................ . City .................. State ................. ZIP Code . ... • C IRS Center where partnership filed return .................. . D X Check if this is a publicly traded partnership (PTP) e Check if foreign partnership Information About the Partner Partner is Taxpayer .. ?OX Spouse.... ?? Joint ... ?? E F G H I J K Partner's identifying Number .......................... 036-48-2715 Partner's Name .............. Sherman E Thurston, III Address....... • • • . • Arc =f. City ............. • • Mec anics ur State PT- ZIP Code ..... • • • • • • • 17055 General Partner or LLC manager x Limited Partner or other LLC member Domestic Partner e Foreign Partner at type of entity is this partner? ........................ ,Individual Partner's Share of Profit, Loss, Capital: Beginning Ending Profit ..................... % Loss .. ....... .... ........ % Capital . Partner's Share of Liabilities at Year End: Nonrecourse ......................................... . Qualified nonrecourse financing ...•••••••••••••••••••••••••••• Recourse ........................................... 1.634. All investment in partnership is at-risk ........................ 0. Some investment in partnership is not at-risk . . . . . . • • • • • • • . • • • .. • ? L Partner's Capital Account Analysis: Beginning Capital Account .. ... • • • • • • • • • • • • • • • • • • • • • • • • • Capital Contributed During the Year ... • • • . • • • • • • • • • • • • • • • . • • .. • • 2,S72. Current Year Increase (Decrease) .... • . • • • • • • • .. • • • • • • . • • • • • • • • -113. Withdrawals & Distributions .. ................................ -10 Ending Capital Account .... ... .. • ..... • .. • 2,357. X Tax Basis 0 GAAP Section 7 BOOK B Other (Explain) 0 Final K-1 Amended K-1 ,a Partner's Share of Current Year Income, Deductions, Credits, Other Items Check Type of Activity Reported on this Schedule K-1: Business ...................................? X Rental Real Estate ................................. ? Other Rental Activities .. • .. • • • • • • • • • • • • • • • • • • • • • • • • . Other (investment club, etc.) . .... • • • • • • • • • • • • • • • • • • • • . • Multiple types of activities . .. .. • • • • • • • • • • • • • • • • • • • • • • • • 1 Ordinary business income (loss) ... - 16. Check if "materially" participated in the business activities . • .... ' ... B Check if "working interest" in oil or gas well .................. . ? 2 Net rental real estate income (loss) - • • • Check if "materially" participated in rental real estate activities......... ?? Check if "actively" participated in rental real estate activities .... • • • • . ? Check if rental of property to a nonpassive activity .. ... • • • • • • . • • 3 Other net rental income (loss) .. .. Check if rental of property to a nonpassive activity ............... ?? 4 Guaranteed payments ......•-••••••••••••••••••••••••••••• 5 Interest income . ....... . .. ... .... ................ . Interest income from U.S. obligations included in box 5...... . 6 a Ordinary dividends ..... .. .. ............................. . 6 b Qualified dividends ....-••••.•••••••••••••••••••••••••••• Interest income from U.S. obligations included in box 6..... • • • 7 Royalties ............................................. Double-click to link royalties to Schedule E Worksheet ..... • ? Sherman E Thurston, III 036-48-2715 Page2 Partnership Name Linn Energy, LLC Part III I Partner's Share of Current Year Income, Deductions, Credits, Other Items (continued) 8 Net short-term capital gain (loss) ........................ ........ 9 a Net long-term capital gain (loss) ...... • • . • • • • • . • • • • • • • 9 b Collectibles (28%) gain (loss) .......................... ...... . 9 c Unrecaptured section 1250 gain ........................ ........ 10 Net section 1231 gain (loss) ..... • • . • • • • • • • • • • • • • • • • • • • • • . 11 Other income (loss) Code Description Amount 12 Section 179 deduction .............................. .. • • .. 13 Other deductions Amount Code Description J Section 59(e)(2) expenditures ** 63. 14 Self-employment earnings (loss) Code Description Amount 15 Credits & credit recapture Code Description Amount 16 Foreign transactions A Name of country or U.S. possession.... ? Code Description Amount 17 Alternative minimum tax (AMT) items Code Description Amount D Oil, gas, and geothermal - gross income 172. 18 Tax-exempt income and nondeductible expenses Code Description Amount 19 Distributions Code Description Amount A Cash and marketable securities 102. 20 Other information Code Description Amount N Interest expense for corporate partners 43. V Unrelated business taxable income -113. Sherman E Thurston, III 036-48-2715 Page3 Partnership Name Linn Energy, LLC Section Passive Activity Adjustment to Income or Loss - For Regular Tax Purposes Activity net income (loss) .... • . • -73. Classification.. ... Passive-PTP Passive Activity Income (Loss) Description (a) Gain (Loss) Limited by Form 6198 if Applicable (b) Suspended Loss Carryover From Prior Year Enter as Negative (c) Net Income (Loss) Allowed (d) Loss Suspended for Current Year 1 Ordinary income (loss) for Schedule E: a Ordinary income (loss) pass through.... 16. 16. b Section 179 expense ..... ...... . c Section 59(e)(2) expense .. . .. ... ... -63. -11. -52. d Unreimbursed expenses ... • .. • • • . e Depletion expense ....... ....... -26. -5. -21. f Interest expense ........ .. • • . • • g Total ... .......... .. .. .. -73. 0. -73. 2 Ordinary income (loss) for Form 1040: a Ordinary income from recoveries ..... . b Cancellation of debt income ....... . cTotal .......... .......:. 3 Total ordinary income (loss) Add 1g, 2c. -73. 0. -73._ 4 Commercial revitalization deduction: a Commercial revitalization deduction ... . b Memo: Net to Sch E. Line 1g less 4a. . • -73. 0. -73. 5 Short-term capital gain (loss) for Sch D: a Non-portfolio capital gain (loss)..... • . b Installment sales ........ ....... R fl c Sale of assets .......... • • . • • . d Sale of partnership interest .. ...... . eTotal ..................... 6 Long-term capital gain (loss) for Sch D: a Non-portfolio capital gain (loss)...... . b Installment sales ............... c Sale of assets ......... ...... . d Sale of partnership interest .. ...... . eTotal ..................... 7 Section 1231 gain (loss) for Form 4797: a Section 1231 gain (loss) pass through .. . b Installment sales .............. . c Sale of assets ......... ...... . dTotal ..................... 8 Ordinary gain (loss) for Form 4797: a Ordinary gain (loss) pass through .... . b Installment sales ..... .. • • • . . c Sale of assets ...... . • . - d Sale of partnership interest .. ...... . eTotal ..................... 4a,5e,6e,7d,8e... 9 Total Combine lines 3 -73. 0. -73. , Sherman E Thurston, III 036-48-2715 Page4 Partnership Name Linn Energy, LLC Section Passive Activity Adjustment to Income or Loss - Alternative Minimum Tax Purposes Passive Activity Income (Loss) Description (a) Gain (Loss) Limited by Form 6198 if Applicable (b) Suspended Loss Carryover From Prior Year Enter as Negative (c) Net Income (Loss) Allowed (d) Loss Suspended for Current Year 1 Ordinary income (loss) for Schedule E: a Ordinary income (loss) pass through.... 16. 16. b Section 179 expense .. .... • • • • • c Section 59(e)(2) expense ....... • . -63. -11. -52. d Unreimbursed expenses ....... • • ___ e Depletion expense ........ • . • • • • -26. -5. -21. f Interest expense ........ • • • • • g Total .......... .......... -73. 0. -73. 2 Ordinary income (loss) for Form 1040: a Ordinary income from recoveries..... . b Cancellation of debt income .... • • • • cTotal ..................... 3 Total ordinary income (loss) Add 1g, 2c. -73. 0. -73._ 4 Commercial revitalization deduction: a Commercial revitalization deduction ... . Line 1g less 4a. .. b Memo: Net to Sch E -73. 0. -73. . 5 Short-term capital gain (loss) for Sch D: a Non-portfolio capital gain (loss)...... • b Installment sales ........ • • . • .. c Sale of assets ........... • • • • • d Sale of partnership interest ........ . eTotal ..................... 6 Long-term capital gain (loss) for Sch D: a Non-portfolio capital gain (loss)...... . b Installment sales ..... . c Sale of assets ......... • • • • . • • d Sale of partnership interest ........ • eTotal ..................... 7 Section 1231 gain (loss) for Form 4797: a Section 1231 gain (loss) pass through .. . b Installment sales ............ .. . c Sale of assets .....•..•••••••• dTotal ..................... 8 Ordinary gain (loss) for Form 4797: a Ordinary gain (loss) pass through .... . b Installment sales ........ .. ..... c Sale of assets ......... ...... . d Sale of partnership interest .. ...... . eTotal ........... ........ 4a,5e,6e,7d,8e... 9 Total Combine lines 3 -73. 0. -73 . , Sherman E Thurston, III 036-48-2715 Page 5 Partnership Name Linn Energy, LLC Section Income and Loss Reported on Schedule E, Supplemental Income or Loss Passive Income and Loss Nonpassive Income and Loss # Description M Loss K-1 (g) Income K-1 (h) Loss K-1 (i) Section 179 G) Income K-1 7 LLC G PTP-Linn Energy 16. 8 , H Intangible drilling costs 1 1 . 9 1 Depletion 5. Section 59(e)(2) Expenditures Worksheet 2010 ? Keep for your records Name(s) Shown on Return Sherman E Thurston, III Social Security Number 036-48-2715 Entity Name Encore Energy Partners LP Part I - current Year Expenditures 1 (a) Description of costs (b) Date amortization begins (c) Amortizable amount (d) Code section (e) Elect to Amortize (f) Amortization this year (g) Deduction this year Intangible drilling costs 01/01/10 1. 263(c) No 0. 1. 2 Totals ....................... ------------------------ ter. r Parr- 11 Prior Year Expenditures 3 (a) Description of costs (b) Date amortization (c) Amortizable amount (d) Code section (e) Elected to (f) Amortization this year (g) Deduction this year begins (h) Prior amortization (i) Period (months) Amortize 4 Total ......................................................1 Par#AII , Total Deduction 5 Deduction for current year expenditures from line 2(g) ................ ....... • . 1. 6 Deduction for prior year expenditures from line 4(g) .................. ........ . 7 Total deduction for 2010. Add lines 5 and 6 ............................... 1. Part IV - Alternative Minimum Tax Adjustments (a) (b) Regular Tax Alt Min Tax Deduction Deduction 8 Circulation costs .......... ............... . 9 Mining costs ............ ............... . 10 Research and experimental costs . ............ . (c) Adjustment (a) less (b) 11 Excess intangible drilling costs .. ................................... . 1. Section 59(e)(2) Expenditures Worksheet 2010 0, Keep for your records Name(s) Shown on Return Social Security Number Sherman E Thurston, III 036-48-2715 Entity Name Linn Energy, LLC Part I Current Year Expenditures 1 (a) Description of costs (b) Date amortization begins (c) Amortizable amount (d) Code section (e) Elect to Amortize (f) Amortization this year (g) Deduction this year Intangible drilling costs 01/01/10 63. 263(c) No 13. 63.- 2 Totals ........ ........ ....... 63. ?'r 13. 63. Part l F, Prior Year Expenditures 3 (a) Description of costs (b) Date amortization (c) Amortizable amount (d) Code section (e) Elected to (f) Amortization this year (g) Deduction this year begins (h) Prior amortization (i) Period (months) Amortize 4 Total ......................................................1 FP-ar-tl-1177 Total Deduction 5 Deduction for current year expenditures from line 2(g) ................. ........ 63. 6 Deduction for prior year expenditures from line 4(g) ................... ....... . 7 Total deduction for 2010. Add lines 5 and 6 ..... .............. ........ 63. PartIV Alternative Minimum Tax Adjustments (a) (b) (c) Regular Tax Alt Min Tax Adjustment Deduction Deduction (a) less (b) 8 Circulation costs ...............•••••.••••• 9 Mining costs ................•••.•...•••• 10 Research and experimental costs .............. 11 Excess intangible drilling costs . .. ...... ... • • • • • • • ... • • • 57. Publicly Traded Partnership Worksheet 2010 ? Keep for your records Name(s) Shown on Return Social Security Number Sherman E Thurston, III 036-48-2715 Partnership Name Partnership ID Number Cheniere Energy Partners, L.P. 20-5913059 Summary of Passive Activity Per Schedule K-1 (after application of at-risk limitations) (a) (b) (c) Income/Loss Category Current Year Prior Year Net Income/Loss Unallowed Loss Income/Loss A Ordinary income/loss reported on Schedule E .. -13. -13. B Section 1231 gain/loss ........... • • • C Ordinary income/loss reported on Form 1040 .. . D Ordinary income/loss reported on Form 4797 .. . E Short-term capital gain/loss ..... • • ... F Long-term capital gain/loss ............ . G Installment sale income .............. . 1 a Current year total income .............................. ... 1 a b Current year total loss ........ • • • . • • • • • • • . • • • • • • • • • • • • • • • b -13. cPrior year unallowedlosses .......•••.•••••••••••••••.••... c d Overall income/loss. Combine lines la, 1b and 1c ....... • • • • . • • • • • • • d -13. 2 Total loss allowed from this partnership for 2010 ........... • • • • • • • • • 2 3 Unallowed losses from this partnership (carried over to 2011) ............. 3 13. Allocation of Passive Losses Income/Loss Category (d) Prior Year Losses Allowed By Current Income (e) Net Loss (Column (c) if loss) Ratio (g) Unallowed Losses (h) Allowed Losses Regular Tax A Ordinary loss (Schedule E) ....... -13. 1.0000 -13. 0. B Section 1231 loss • ..... • • • .. _ line 21) .. . C Ordinary loss (Form 1040 , D Ordinary loss (Form 4797) ...... . E Short-term capital loss ....... . F Long-term capital loss ...... • • • . Total . .. ... ........ .. .. -13. 1.00 -13. 0. Alternative Minimum Tax A Ordinary loss (Schedule E) ....... -13. 1.0000 _13. 0. B Section 1231 loss ........... . _ C Ordinary loss (Form 1040, line 21) .. . D Ordinary loss (Form 4797) ...... . E Short-term capital loss ........ . F Long-term capital loss ......... . Total . .. .. . ..... • . • . • . • • -13. 1.00 -13. 0. Federal Carryover Worksheet 2010 ? Keep for your records Name(s) Shown on Return Social Security Number Sherman E Thurston, III 036-48-2715 2009 State and Local Income Tax Information (See Tax Help) (a) State or Local ID (b) Paid With Extension (c) Estimates Pd After 12/31 (d) Total With- held/Pmts (e) Paid With Return PAG 425. 425. PA 660. 2,678. 440. M (g) Total Over- Applied Davment Amount Totals .. 1,085. 3,103. 440. Other Tax and Income Information 2009 2010 1 Filing status ............................. 2 Number of exemptions for blind or over 65 (0 - 4)......... 1 2 3 MFS 3 MFS 3 Itemized deductions after limitation ................. 3 4,589. 3,867. _ 4 Check box if required to itemize deductions ............ 5 Adjusted gross income .... ................... 4 5 68,626. --? 74,849. 6 Tax liability for Form 2210 or Form 2210-F ............ 6 24,896. 23,441. 7 Alternative minimum tax.... ... • • .. • • • • . • • • • • • • 7 8 Federal overpayment applied to next year estimated tax..... 8 1,455. QuickZoom to the IRA Information Worksheet for IRA information ....... • • • • . • .. Excess Contributions 2009 2010 9 a Taxpayer's excess Archer MSA contributions as of 12/31 .... 9 a b Spouse's excess Archer MSA contributions as of 12/31 ..... b 10 a Taxpayer's excess Coverdell ESA contributions as of 12/31... 10 a b Spouse's excess Coverdell ESA contributions as of 12/31.... b 11 a Taxpayer's excess HSA contributions as of 12/31 ........ 11 a b Spouse's excess HSA contributions as of 12/31 ........ • b Loss and Expense Carryovers 2009 2010 12a Short-term capital loss..... .... • • ... • • • • • • • • • • 12 a b AMT Short-term capital loss ....... • • ... • • • . • • • • b 13a Long-term capital loss ..... ................. .. 13a b AMT Long-term capital loss .. ....... • • • • • • • • • • • • b 114a Net operating loss available to carry forward ......... • • 14 a b AMT Net operating loss available to carry forward ....... • b 15a Investment interest expense disallowed .............. 15a b AMT Investment interest expense disallowed .... ... .. b 16 Nonrecaptured net Section 1231 losses from: a 2010... 16 a b 2009. .. b c 2008... c d 2007... d e 2006... e f 2005. .. f Federal Carryover Worksheet page 3 2010 Sherman E Thurston, III 036-48-2715 Charitable Contribution Carryovers 26 2009 Carryover of Other Property Capital Gain charitable contributions from: (a) 50% (b) 30% (c) 30% (d) 20% a 2009 .............• b 2008 .............. c 2007 .............. d 2006 ............• e 2005 .............. 27 2010 Carryover of Other Property Capital Gain charitable contributions from: (a) 50% (b) 30% (c) 30% (d) 20% a 2010 ............•• b 2009 .............. c 2008 ............. d 2007 .............. e 2006 ........... 28 Amount overpaid less earned income credit ........................... 0. 2009 State Capital Loss Carryovers (For users not transferring from the prior year) State ID Short-term Capital Loss for State AMT Short-term Capital Loss for State Long-term Capital Loss for State AMT Long-term Capital Loss for State Capital Loss (combined) for State AMT Capital Loss (combined) for State O N N I O r- ^O CL N?4/) Y.. O m N O E a C w d v Q. tU 0 Cl) O O H ? O ? N L F-I O N ? ? O K H Y 1 H N H rl H N G N ;j ::? H >~ W E U N ? Cl) V) N to Uli 11 E L- 0 U. G O O O O O O C •? ? .V 3 Ll tU Q C 0 0 0 0 0 O 12 0 v CL Q at 0 c L °' A A A as p O o o 0 0 0 () N N N y w- O O O J 111 N r O O O O O O a R N L (4 L m Qm d C O O O ow _ . U R C R V o l0 ; Qom O N Q d Q L] 01 N H 01 N N h O 0) r1 - m H m m m C O m N 0 0 0 0 41 m =? CO 0 O 0 O 0 O N ? ID N O O O 0 0 .6 c J N ri m N N -a O m M m Y?1 v 1-4 M m m ? N U?w m C r O ? d 0 O o o 0 O U \ \ \ \ t • O %0 N w L to f?l O W H -I o N m w O O O O d 0 C I O CL' a to 0 -14 Q F H N N 14 PC W U q q O a -.+ -H (a co y E W O S4 U W W m a CO 0 ca `o N O) CL 0 e a m _U O a) E O I S m N J II J O Q 11 Q O 11 ei 6 O V O In H r ? O N N <r I f?l r- O Q O •V Yn r O U O O N o E O H Y Y L d Q N to Lr) IT E L. O LL m H ? H r-i H rD L 0 m ?4 ?4 ?$ ::I E-1 C .H w ? I E U = m 0 0 0 0 0 v m ? m toe 7 d a Q C o 0 0 0 0 o _ C l6 L (? V Q m C O O O O O 0 O a2 CL m 0 c ' ° x x x v 0 \ \ \ m w w m m> A ca a 0 0 Ln 0 in 0 o ri H N w O O O J ? in r m o 0 0 0 0 f6 y dm Qm m O O 0 0 0 m U ? p C t0 cm0 0 CL= m Q D 01 N r 0 N N ?? O 01 M M M r' d' ?-i M Ol 0% c 0 m rn y O O O O y m pp O O O ?p y=T l0 O O O co N O N C. O N O O 'O C J N H 01 N N fl C. 01 M M M C V rl M ON 01 S V ;. w 0 V . . m c r r r c m o 0 0 0 0 I lD r-I N LL mm M \ O \ ri \ N fA ?0 l0 M Oi O O O O CL) a a U N ? C O q y, d c z a o O x w N rd ul 0 as U x +? Q F H W - + U a m H Q S A M a 0 CD m N 11 a CD U_ O m E 0 1 M J I J O Q I I Q CO n ui 00 V Sherman E Thurston, III 036-48-2715 1 Schedule E, page 2 Line 28 Information 28 (a) Name (b) P/S (c) Foreign Partnership (d) EIN (e) Any amount is not at risk D Depletion P 20-8456807 E PTP-AmeriGas Partners, L.P. P 23-2787918 F PTP-Global Partners LP P 74-3140887 LLC G PTP-Linn Energy P 65-1177591 , H Intangible drilling costs P 65-1177591 1 Depletion P 65-1177591 Schedule E, page 2 Line 28 Income or Loss Name D Depletion E PTP-AmeriGa F PTP-Global G PTP-Linn En 0_ 0. (h) Loss K-1 H Intangible 11. I Depletion 5. Total 28. 16. Passive Income and Loss (f) Loss (g) Allowed K-1 Income K-1 ive Income and Loss (1) G) Section 179 Income K-1 SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-3136 SHEILA A. THURSTON, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 2-'Q day of June, 2011, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Pre-Trial Statement of Plaintiff by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Maria P. Cognetti & Associates Attn: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011-1706 Office of Divorce Master Attn: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013-3014 A, ", MAX J.' SMITH, JR., quire I.D. No. 32114 JESSICA E. LOWE, Esquire I.D. No. 208041 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2006-3136 CIVIL TERM SHEILA A. THURSTON, CIVIL ACTION - LAW rra "' M 330- Defendant IN DIVORCE X;:u -cm ,,D 6n c:) 1 AFFIDAVIT OF CONSENT AND CD WAIVER OF COUNSELING rv M A Complaint in Divorce under Section 3301(c) of the Divorce Code was fi led on June 1, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: January, 2012 S RW??. HURSTO , III SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA.. n c ?. vs. NO. 2006-3136 CIVIL TERM -? x 7"' -r - " M r SHEILA A. THURSTON, CIVIL ACTION -LAW cn C=)° Defendant IN DIVORCE ?-n sC-) WAIVER OF NOTICE OF INTENTION TO REQUEST -- ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: January 2012 S AN . THURSTON, III ?LED-OFFrC [" THE PROTKNOr;,? 2012 JAN -S PM 12: 14 CUMBERLAND COUNTY PENNSYLVANIA SHERMAN E. THURSTON, III, Plaintiff V. SHEILA A. THURSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-3136 CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 4 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: J - / S ILA A. THUR TON FILE D-UF FICL C.; THE PROTHONOTARY 2012 JAN -5 PM 12: 14 CUMBERLAND COUNTY PENNSYLVANIA SHERMAN E. THURSTON, III, Plaintiff V. SHEILA A. THURSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-3136 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 6, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: EILA A. THURS O SHERMAN E. THURSTON, III, Plaintiff VS. SHELIA A. THURSTON, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 3136 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 6-q day of , 2012, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated January 4, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, 0 - ?rA- KKevtli A. Hess, P.J. cc: ? Max J. Smith, Jr. Attorney for Plaintiff ? Maria P. Cognetti c o c Attorney for Defendant -n3 ^' :z eoples rn l ? .cca -?, = C) a -n Avc A -; cn Q - - MARIA P COCNE77I ls?002 CJ /'J4/2C' 2 ' °:2Q rAT 71.7 9C9 406£ P.23 0L- 3I3& C") -? rrl C.7 CD -n CD (7- rri rr? y I ' PROPERTY SETTLEMENT AGREEMENT BETWEEN SHEILA A. THURSTON AND SHERMAN E. THURSTON, III - - 01/04/2012 1 _8:3F FAX 717 909 4068 MARIA P CtIGNF'I`C1 - JAN-G4-2012 17:20 P.24 INDEX OF PROPERTY SETTLEMENT AGREEMENT BETWEEN SHEILA A. THURSTON AND SHERMAN E. THURSTON, III 1 eparation :.........................-...------....................................._.........._......................................2 2. Interference ...... ......................................................................................................._ ..... . 2 3. Agreement Not A Bar To Divorce Proceedings: ....................................... ....................... . 2 4. Subsequent Divorcc :......................... ................................................................................. 3 5. Incorporation In Divorce Decree: ...................................................................................... . 4 6. Effective Date:.......... _. ................................................---...............------.........................__ .. . 4 7. Distribution Date;- ..................................................................................................... . 4 9. Mutual Release: ................................................. ........................................................... .. 4 9. Advice Of Counsel: ............................................................ ............. ..............._.................... 6 10. Debt Of The Parties: ................................................................................................... ....... 6 11. Personal Property: ....................................................... .. .................................................... 7 12. Division Of Meal Property: ................................................................................................ .. 7 13. Division Of Bank And Investment Accounts: ..................................................................... 9 14. Savings Bonds' ............................................................................................................... .. 9 15_ Distribution Of Individual Retirement Accounts :............................................................. 10 16. Pensions, Annuities And/Or Retirement Benefits: ........................ ................................. 10 17. Motor Vehicles: _....................... .......................................---._._......................................... 13 18. Life Insurance: .......................................................__ ........................_--....................__... 14 19. After-Acquired Property: .................................._ .................................................. ......... 14 20. Payment To Husband: ............................ ....................................................................... _. 15 21. Counsel tees: ......... ......................................................... .....................•---.................... 15 22. Waiver Of Alimony:.....--- - ... ............................................................................... ............ 16 23. Tax Advice:..........----- • ................................................................................................. .. 16 24. Income Tax Pzior Rcturns................................................................................................. 16 25. Applicability Of 'fax Law To Property Transfers: ................................ .......................... 17 26_ Effect Of Divorce Decree: ................................................................................................. 17 27. Breach: -, ...... I ..................................................................... ............................................. 17 23. Waiver Of Claims: ............................................................................................................. 18 29. Entire Agreement: .............. .................................................... ..................................... 18 30. Financial Disclosure: ............................... ........................................................................ 18 31. Agreement Binding On Heirs- .... ..................---------......................_.................................. 19 32. Additional Instruments : ................................................................. ......... ........................... 19 33. Void Clauses: .......................................................,............................................................ 19 34. Independent Separate Covenants :... ...................... ,........................__................._--.......... 20 35. Modification And Waiver,..__-............................. 36. Descriptive Headings :.....................•-------....................__..................... ............................. 21 37. Applicable Law: .................. ............................................................................................. 21 TOTAL P.24 7 01/194/2111 '-2 : 3^ 7A.: 7' 7 909 4068 MARIA ° ?OCNE" 77 I 004 JAN-04-21311 1'?: 15 P. a2 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, rnade this - day of ?)gt444 2011, by and between SHEILA A. THURSTON, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and SHERMAN E. THURSTON, III, of Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on September 17,1998, in Pittston, Pennsylvania; and WHEREAS, one (1) child has been born of this marriage, namely, Courtney E_ Thutston, born October 8, 1997; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intentions of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective fuiancial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maiutenance of WIFE by HUSBAND or of HUSBAND by WIFE; and. in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, SAT 1 k- 4? (---, ' SET 01/04/2012 18:30 FAX 717 909 4068 M1RTA P C(1GNETTI 0]005 JAN-04-2012 17:16 P.03 receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIPE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPA,RATION_ HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside frotn time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings, The foregoing provisions shall not be taken to be an admission on the part of either 14USBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this ,Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or realign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the child of the parties at anytime which might in any way influence the child adversely against the other parry, it being the intention of both parties to minimize the effect of any such separation upon the child, 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: 2 4t; ?C ' SAT SET ?l/OS /20'.2 '°.3^ VNY 717 910, 406E MARIA P COGNE771 14006 Jf31?-P4- 2012 ?_7 '1 E P.04 This Agreement shall ;not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof, 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in Cumberland County to Docket No, 06-3136, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers, or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order ox further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall 3 SAT SET - ?vur ^1/04/2012 1.8:31 FAx 71.7 909 4068 MARIA Y COGN1'.t'l P.05 JAN-04-2012 1 :. reniarry. It is the specific intent of the parties to permit this Agreement to survive auy judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the panics. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties- 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed 'this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTIUBUTION DA'Z'E: The transfer of property, funds and/or docwments provided for herein,, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unJ.ess otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes SAT S . 00 01/04/2012 18:31 FAY 717 909 4068 MARIA F COGNE 7T F.E16 .TRH-E4-2012' 17:1T whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or eurtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse=s will, or the right to treat a lifetime conveyance by the other as a testamesttaly gift, or all other rights of a surviving spouse to participate in a deceased spouse-s estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any ri ;hts which either party may have or at any time hereafter shall have for past, present or fixture support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach, of any provision thereof_ It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, 5 (;? Ji _ SASA!T S T ?009 01/04/2012 18:31 FAX 717 909 4068 MARIA P COGVET'? P. la'? JPN-04-2012 17;17 alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; MARIA P. COGNETTI, ESQUIRE, for WIFE and MAX J. SMITH, .TR, ESQUIRE, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, including but limited to, the credit card debts owed to Bank of America Visa #f5746 (f/k/a.#3545) and MBNA. #8385. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of bimself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. 6 5AT T 7 MARIA P COGNE t. 7A?. 717 909 4065 JAt, -04- 201 9 T1 ,' X1010 P. Be WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incti red by WIFE for the benefit of herself, the credit card debts owed to Chase #7411 and American Express #3002. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 11. PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the fumiturc, household furnishings, appliances, and other household personal property between there, and they mutually agree that each party shall from and after the date hereofbe the sole and separate owner of all such tangible personal property presently in his or her possession, except as set forth in Exhibit "A" attached hereto, which items shall be distributed in accordance with Exhibit "A". WIFE has thirty (30) clays from the date of this Agreement to provide HUSBAND with the items of personal property listed on Exhibit "A". Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request- By these presents, each of the parries hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: HUSBAND agrees to transfer all his right, title and interest is and to the real estate situated at 816 Flintlock Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, now titled in the 7 5' AT SET ^?_/??/2^'_2 °:3Z 7A'7,'-7 2^2 4068 MARIA F C NT.', ?OlJ- JAS-04-201 17: 1 P.F?9 name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now and in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request.. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to execute a deed conveying his interest to WIFE, said deed to be held in escrow by WIFE's attorney and to be delivered to the settlement agent handling WIFE's refinancing no lacer than the date of settlement on the refinancing. Should HUSBAND remarry prior to the settlement on WIFE's refinancing, HUSBAND's new wife shall join in the execution of the deed to ensure clear title. Except as otherwise provided herein, commencing on the execution date of this Agecment, WIFE shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence since the parties' separation including, but not limited to, the mortgage Wells Fargo, taxes, insurance premiums and maintenance and WIFB shall keep HUSBAND and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense in including attorney's fees, which may be incurred in connection with such liabilities and expense or result from HUSBAND's ownership interest in said property- Until the mortgage Wells Fargo mortgage is refinanced, WIFE shall be solely responsible for payment of this mortgage and shall hold HUSBAND, his heirs, successors and assigns, harmless from any liability in the event of her default. Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the marital residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. 8 /? SAT - ' F• : 32 FAT 717 9C9 4068 MARIA P COCNETTI _J U -I- z ^1/?4/2? _2 _ P.16 Furthermore, if any refunds are issued as a result of the refinancing of the mortgage, HUSBAND agrees to promptly endorse any such refunds checks over to W1FE upon request. WIFE shall, within ninety (90) days of the execution of this Agreement, take all steps necessary to remove HUSBAND's name from the Wells Fargo mortgage so as to have HUSBAND completely and fully released of any and all liability he has on the said mortgage. In the event that WIFE fails to refinance within the designated time frame, the Court, at HUSBAND's request, shall enter an Order directing that this residence be sold and that the lien be satisfied from the proceeds of the sale. Any remaining proceeds shall first satisfy WIFE's obligation to HUSBAND pursuant to Paragraph 20(a). Thereafter, any proceeds shall become the sole and exclusive property of WIFE. 13. DIVISION OF BANK AND INVESTMENT ACC00;TS- Tl1e parties agree and acknowledge that during the course oftheir marriage, they jointly held a checking account at Fulton Bank ending #5442 which was subsequently closed by WIFE following their separation. The parties further agree that they presently jointly hold accounts with Merrill Lynch ending #7930 and Wells Fargo Advantage Funds ending 48507 with a present value of approximately $4,579.00. The parties agree that these accounts shall become the sole and exclusive property of HUSBAND upon the execution of this Agreement, The parties agree to cooperate with one another in the preparation and execution of any and all paperwork, to give effect to this Paragraph. The parties agree that neither of them shall have any further claim. or interest in the aforemeutioned accounts and agree that neither party will assert any such claim in the future. 14. SAVINGS BONDS: The parties agree and acknowledge that HUSBAND currently holds one $1000.00 savings bond with serial number 036482715 and WIFE currently holds fifty-nine $100.00 savings bonds SAT SET 'T ..013 01/04/2012 18:32 FAX 717 909 4068 MARIA P CCGVETTI P.11 JAN-04-2012 17:18 with serial numbers listed on Exhibit "B". The parties agree that each party shall retain the bonds in their respective possession and that they shall become the sole and exclusive owner of same. The parties further agree that neither of them 'shall have any further claim or interest in the aforementioned bonds of the other and agree not to assert any such claim in the future. 15. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS: WTFE hereby acknowledges and agrees that HUSBAND shall retain, as his separate property, free and clear from any claim, right, title or interest on the part of WIFE, his Fidelity Rollover IRA #5327 and his Fidelity SEP-IRA #5015. WIFE hereby acknowledges that she has no further claim, right, title or interest whatsoever in the aforementioned individual Retirement Accounts of HUSBAND, and further agrees never to assert any claim to the asset in the future, 16. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: a, Aetna 401(k) - HUSBAND agrees that any monies which WIFE has acquired through her interest in an Aetna 40l(k) shall remain her sole and exclusive property, subject to the provisions of Paragraph 20 below. HUSBAND agrees to waive any interest he naay bave in such accounts and further agree3 that he will not assert any such claim in the future. HUSBAND hereby covenants and agrees that he wi11 execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. If necessary, HUSBAND 10 SAT SET 01/04/2012 18:32 FAIT 717 909 4068 MARIA P COGNE=1 Z O14 JAN-24-2312 17:18 P.12 agrees to sign any required additional paperwork to give effect to this paragraph upon the request of WIFE or her Plan Administrators. b. PMA Retirement Savings Plan - HUSBAND agrees that any monies which WIFE has acquired through her interest in a PMA Retirement Savings Plan shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such accounts and further agrees that he will not assert any such claim in the future. HUSBAND hereby covenants and agrees that he will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared forth, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. If necessary, HUSBAND agrees to sign any required additional paperwork to give effect to this paragraph upon the request of WIFE or her Plan Administrators. C. Erie 401(>k) - HUSBAND agrees that any monies which WIFE has acquired through her interest in, a Erie 401(k) shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such accounts and finther agrees that he will not assert any such claim in the future- HUSBAND hereby covenants and agrees that he will execute any spousal waivers that may be required under the Pension Reform, Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plait, fund, trust, 11 4 SAT T 7 '4 015 °:32 7AX 7.'.7 '9n 4068 MARIA .° nnGNETrI P P. 1.3 administrator, trustee, or similar entity or pen'on, so that WIFE may receive said benefits as if slie were never married. If necessary, HUSBAND agrees to sign any required additional paperwork to give effect to this paragraph upon the request of WIFE or her Plan Administrators. d_ Aetna pension -- HUSBAND agrees that any monies which WIFE bas acquired through her interest in an Actna pension shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such accounts and fintli er agrees that he will not assert any such claim in the future. HUSBAND hereby covenants and agrees that he will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may he enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. If necessary, HUSBAND agrees to sign any required additional paperwork to give effect to this paragraph upon the request of WIFE or her Platt Administrators, e. Erie Pension - HUSBAND agrees that any monies which WIFE has acquired through her interest in an Erie pension shall remain her sole and exclusive property, HUSBAND agrees to waive any interest he may have in such accounts and further agrees that he will not assert any such claim in the future. HUSBAND hereby covenants and agrees that he will execute any spousal waivers that may be required under the Pension. Reform Act of 1974, the Retirement Equity Act of 1984? or any similar Federal or state statute that is 12 SAT 0_/04/2^12 rAA 7'17 904 4068 -AARIA P CT^NF' T g' P. 14 J??N-F14-?'?7 '-T :1E' P. 1 now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married.. If necessary, HUSBAND agrees to sign any required additional paperwork to give effect to this paragrapli upon the request of WIFE or her Plan Administrators. 17. MOTOR VEHICLES: a. WIFE shall retain possession of, as her separate property, the 1992 Nissan Sentra and the 1995 Buick Century currently titled in joint names, for her own use and disposition. WIFE shall be solely responsible for all expenses associated with the these vehicles, including but not limited to, insurance, maintenance, and the liens and loans for said vehicle. HUSBAND shall cooperate with WIFE in securing the transfer of the title/registration of the vehicle to WIFE and WIFE shall secure her own automobile insurance policy. HUSBAND agrees to sign any necessary documents upon request to effectuate the transfer of title/registration. b. HUSBAND shall retain possession of, as his separate property, the 1998 Buick LaSabre, currently titled in Husband's name, for his own use and disposition. HUSBAND shall be solely responsible fcr all expenses associated with the vehicle, including but not limited to, insurance, maintenance, and the liens and loans for said vehicle. WIFE shall cooperate with HUSBAND in securing the transfer of the title/registration of the vehicle to HUSBAND and HUSBAND shall secure his own automobile insurance policy. 13 11--, SAT SET 01/04/2012 X 717 909 4068 MARIA P CQGNM 1f P.15 WIFE agrees to sign any necessary documents upon request to effectuate the transfer of title/registration. 18. LEFE INSURANCE: HUSBAND is cognizant of the fact that WIFE has maintained and paid premiums on life insurance policies with Aetna Life #0740 and Prudential Variable Life #3523_ HUSBAND expressly relinquishes, waives and renounces any and all proprietary, statutory, distributional, and beneficiary rights and options to the aforesaid insurance policy. HUSBAND furthor agrees and warrants that WIFE has full and complete discretion to change the designated beneficiaries on the aforesaid policy. WIFE is cognizant of the fact that HUSBAND has maintained and paid premiums on life insurance policies with Jackson National Term Life #8220, John Hancock Whole Life 47376, and Prudential Variable Life #7852. WIFE expressly relinquishes, waives and renounces any and all proprietary, statutory, distributional, and beneficiary rights and options to the aforesaid insurance policy. WIFE further agrees that HUSBAND has full and complete discretion to change the designated beneficiaries on the'aforesaid policy. HUSBAND and WIFE are cognizant of the fact that they jointly maintained and paid premiums on a certain life insurance policy with Jackson National Life #0570, which is a reducing terns policy insuring both their lives. The parties agree that they will cooperate with one another to cancel said policy within ten (10) days of the signing of this Agreement. 19. AFTER.-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enj oy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 14 SAT T 7- Ig 018 ^'_/^4/2^'_2 "AX 7'.7 9^? 4068 MARIA P CQT1ET'? P. 16 JFiN-E? -2a1? 17: 19 hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried 20. PAYMENT TO. HUSBAND: To compensate HUSBAND for the aforementioned transfers heretofore made to WIFE, WIFE agrees to pay HUSBAND the sum of ONE HUNDRED EIGHTY THOUSAND DOLLARS ($150,000.00) to be paid to HUSBAND as follows: a. The sum of NINETY THOUSAND DOLLARS ($90,000.00) shall be paid to HUSBAND upon the completion of the refinancing of 816 Flintlock Ridge Road, Mechanicsburg, Pennsylvania; and b. The sum of NINETY THOUSAND DOLLARS ($90,000.00) shall be paid to HUSBAND via a rollover from WIFE's Aetna 40). (k). The parties acknowledge that it will be necessary for them to execute a Qualified Domestic Relations Order (QDRO) to accomplish the rollover from WIFE's Aetna 401(k) for the funds to retain their tax-free status. The parties agree that HUSBAND's counsel will prepare the necessary QDRO and provide same to "E within fifteen (15) days of the signing of this Agreement. WIFE will then have fifteen (15) days to review the draft QDRO and provide any comments or changes to HUSBAND's counsel. The parties further agree that they will execute a final QDRO no later than forty-five (45) days from the signing of this Agreement. 21. COUNSEL FEES; Except as provided herein, each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to 15 /a-- SAT SET MARIA P COdVt TT 01/04/2012 18:3:37F AX 7.17 909 4068 1 P. 17 have rendered services to him or her in comiection with the divorce proceeding and the negotiation of this Agreement or otherwise. 22. WAVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past,'present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 23. TAX ADVICE: Both parties hereto hereby acknoNvledgc and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek then own independent tax advice by retaining an accountant, certified public accountant, flax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 24. INCOME TAX PRIOR RETURNS` 16 SAT SET 01/04/2012 5:3A -AX 717 909 4068 14ARIA P COGNE771 020 .JPN-C-2x12 17;13 P.13 The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 25. APPLICABILITY OF TAX LAW O PROPERTY IRAN FERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of, the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The patties agree to sign and cause to be filed any elections or other documents required by the internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-ovcr basis provisions of the said Act. 26. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full .force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 27. BREACH; If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may 17 S 01/04/2012 18:54`!k'AA '/i! UUy %UUO nAmA r %,ukiliniii 9.'' '.? P.19 be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement 28. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, includitig without limitation, dower, eurtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or, executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be ncceasaty or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights- and claims. 29. ENTIRE AGREEMENT; This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 30. FINANCIAL'DiSCLOSUI2E: HUSBAND and WIFE hereby acknowledge that each has made a complete disclosure of the assets and liabilities that existed during the parties, marriage and at the time. of their separation. HUSBAND and WIFE hereby expressly acknowledge that there are no assets or liabilities which he or she has failed to identify or disclose during the course of this litigation, and that all assets have been identified in this Agreement 18 SAT 17S T _ 7 .022 01/04/2012 18:34 -AX 717 905 4068 MARIA P CCGNT7,71 P.20 JAN-e14-2012 17:19 The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shalt have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 31. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. ADDMONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 33. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision 9hallbe 19 ! SAT SET 01/04/2012 ].8:3e PAY, 717 909 4063 MARIA P COG.N.F'171 UC3 JAN-04-22112 17:1c P.21 stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 34. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph, hereof shall be deemed to be a separate and independent Agreement- 20 9AT S - 01/04/2012 ]R:347FAX 717 Q09 4068 ?1AMIA r UuUwk_111. JAN-04-2012 1G;55 P.02 35. MODIFICATJON AND WAIVER: A modification or waiver of any ofthe provisions ofthis Agreement shall be effective only if made in writing and executed with the same formality as this Argreemcut. The failure of either party to insist upon strict performance of any of the provisions ofthis Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 36. DESCRIPTIVE HEADR iGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 37. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above WITNESS WITNESS L - it, n ILA A. THURSTON STO , SHE AN E?MfJR III 21 TOTAL P.02 EXHIBIT "A" OF PROPERTY SETTLEMENT AGREEMENT BETWEEN SHEILA A. THURSTON AND SHERMAN E. THURSTON, III Property to be transferred to HUSBAND: ? Tallest of the two beer steins EXHIBIT "B" OF PROPERTY SETTLEMENT AGREEMENT BETWEEN SHEILA A. THURSTON AND SHERMAN E. THURSTON, III C292541280EE C292596296EE C311825636EE C311845194EE C311888363EE C311929963EE C332482970EE C332524015EE C332559064EE C332592192EE C332628350EE C332665668EE C332665669EE C353880501EE C353880500EE C353917097EE C353917096EE C353971581EE C353971582EE C353993119EE C353993118EE C386561688EE C386561689EE C386600984EE C386600985EE C386638935EE C386638936EE C386674502EE C386674503EE C 386704524EE C386704523EE C386738286EE C386738287EE C 386769267EE C386769266EE C396806240EE C386806239EE C386857369EE C386857368EE C386884863EE C386884864EE C 386913546EE C386913545EE C412617568EE C412617567EE C412630542EE C412630543EE C412674009EE C412674008EE C412699818EE C412699819EE C412732294EE C412732293EE C412755331EE C412755330EE C412800726EE C412800725EE C458364928EE C458364929EE SHERMAN E. THURSTON, III, Plaintiff vs. SHEILA A. THURSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3136 CIVIL ACTION -LAW IN DIVORCE C_? C__ -03 ,-n m z? cn r' r d D za n? 2 na a S k.0 rv c=p C; -41 ?d ? r= -+cD ? -z c:)-n ;z F? PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By Acceptance of Service on June 10, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff January 4, 2012 ; by Defendant January 4, 2012 (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: ; (2) date of service of the Plaintiff's affidavit upon the Defendant: 4. Related claims pending: None ?h UQz Attorney for (X) Plai ff ( ) Defendant IN THE COURT OF COMMON PLEAS OF SHERMAN E. THURSTON, III CUMBERLAND COUNTY, PENNSYLVANIA V. SHEILA A. THURSTON NO. 2006-3136 CIVIL TERM DIVORCE DECREE AND NOW,"SW 19 4k T-6b 4M 2012 , it is ordered and decreed that SHERMAN E. THURSTON, III , plaintiff, and SHEILA A. THURSTON , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Property Settlement Agreement dated 4 January 2012, is hereby incorporated into the Final Divorce Decree. By the Court, Attest: J. Prothonotary /, 1q. / Z- ce1f 6Py ma%lp d/ /P A ? J ?o neff" (1) ,,e 4 (orY #?dltPd to ? 5 Last Printed: April 5, 2012 12:13 PM SHERMAN E. THURSTON, III, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2006-3136 `" rn -- SHEILA A. THURSTON, CIVIL ACTION -LAW Defendant IN DIVORCE (7? PRAECIPE u »- y? r TO THE PROTHONOTARY: Please withdraw the appearance of Maria P. Cognetti, Esquire, on behalf of Sheila Thurston, Defendant in the above-captioned action, and enter the appearance of Sheila A. Thurston, pro se. Respectfully submitted, 4eila "AThurstA; pro se P.O. Box 1063 Mechanicsburg, PA 17055 DATE: -" Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES Maria P. Cbgnetd, sqi Attorney ID No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephon.717) 09-4060 DATE: T a` Last Printed: April 5, 2012 12:13 PM SHERMAN E. THURSTON, III, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2006-3136 -' SHEILA A. THURSTON, CIVIL ACTION - LAW es ?- 7-1 ' t ?; Defendant IN CUSTODY cn CD ? •. A b PRAECIPE - =' TO THE PROTHONOTARY: Please withdraw the appearance of Maria P. Cognetti, Esquire, on behalf of Sheila Thurston, Defendant in the above-captioned action, and enter the appearance of Sheila A. Thurston, pro se. Respectfully submitted, Respectfully submitted, M RIA P. C N TI & S G^L? TES Sheila A. Thurston, pro se P.O. Box 1063 Mechanicsburg, PA 17055 DATE: Maria P. ognett, quire Attorney ID No. 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: IW17' 09-4060 DATE: a- SHERMAN E. THURSTON, III, Plaintiff VS. SHEILA A. THURSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3136 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This matter having come before the court, as a Decree in Divorce was granted on January 19, 2012, which included a Property Settlement Agreement containing certain provisions dealing with the Aetna, Inc. 401(k) Plan of Sheila A. Thurston (the "Plan"). The court now orders the following as required to carry forth such provisions; the following retirement plan dispositions are made in accordance with 29 U.S.C. Section 105 ERISA Section 206(d) and IRS Code Section 414(p) governing the division of retirement benefit marital property, and the following facts. PARTIES TO THIS ORDER 1. Plan Participant and current address: Sheila A. Thurston, 816 Flintlock Ridge Road, Mechanicsburg, PA 17055. 2. Participant's Date of Birth: November 5, 1964. 3. Participant's Social Security Number: 079-66-2578. 4. Alternate Payee's Name and Address: Sherman E. Thurston, III, 115 S. Arch Street, Mechanicsburg, PA 17055. 5. Alternate Payee's Date of Birth: February 23, 1963. 6. Alternate Payee's Social Security Number: 036-48-2715. 7. This Order applies to benefits under Aetna 401(k) Plan, c/o ING, 8900 Freedom Commerce Parkway, Jacksonville, FL 32256 RETIREMENT BENEFITS ING is directed to transfer from the Plan Participant's Aetna 401(k) Plan the sum of $90,000.00, to the Alternate Payee, as soon as practical after the execution of this document. To the extent that the Participant has amounts held in different investment funds, sub- accounts or tax status accounts, then a "pro-rata" portion of the total amount of the Alternate Payee's benefits shall come from each such fund or sub-account of the Participant. This Order does not require the Plan to provide any payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. Death of Alternate Payee: In the event of Alternate Payee's death prior to his receiving the full amount of benefits called for under this Order, his remaining share of the benefits shall be paid to his designated beneficiary. If no beneficiary designation is in effect at the Alternate Payee's death, any remaining amount of the Alternate Payee's share of the benefits shall be paid in accordance with the Plan rules that apply when no beneficiary designation is in effect for a Participant. Death of Participant: In the event of the Participant's death, her death shall in no way affect Alternate Payee's right to the portion of his benefits as stipulated herein. However, the Alternate Payee will not be entitled to any survivor benefits attributable to the remaining portion of the Participant's benefits under the Plan unless the Participant, independently of the Order, has designated the Alternate Payee as a beneficiary. However, if the Participant remarries, any such designation would be subject to the spousal rights of the subsequent spouse provided by ERISA, the Code and the terms of the Plan. Nothing contained in this Order shall in any way require the plan to provide any form, type, or amount of benefit not otherwise available by law. It will be the responsibility of each party to keep the Plan Administrator apprised of their current address. Each party to this Order will be responsible for the tax liabilities incurred incident to their receipt of the pension plan awarded to them. It is further ordered that a true copy of this Order be served upon the agent for legal service for Aetna and shall take effect immediately and shall remain in effect until further Order of the court. Until this Order is accepted by the plan administrators this court shall retain jurisdiction to modify the same. Dated at Carlisle, Pennsylvania, this day of .2012. BY THE COURT: J. Distribution: Max J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033-0650 717-533-3280 717-533-2795 (Fax) Email: mjs@jsdc.com Sheila A. Thurston, pro se 816 Flintlock Ridge Road Mechanicsburg, PA 17055 ' ?' ? it Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jessica E. Lowe, Esquire Attorney I.D. #208041 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs a jsdc.com L J (? P' P M 3: 1 S t.t PENIdSYi.VAN9i SHERMAN E. THURSTON, III, Plaintiff VS. SHEILA A. THURSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3136 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW COMES the Plaintiff, SHERMAN E. THURSTON, III, by his attorney, MAX J. SMITH, JR., ESQUIRE, and the Defendant, SHEILA A. THURSTON, pro se, and respectfully state as follows: 1. The parties hereto were divorced via decree issued by this Honorable Court on January 19, 2012. 2. A Property Settlement Agreement of the parties was executed on January 4, 2012. 3. Numbered paragraph twenty (20) of said Property Settlement Agreement requires Defendant to transfer to Plaintiff the sum of $90,000.00 from her 401(k) account through her employment with Aetna, which transfer shall be effected through a Qualified Domestic Relations Order (QDRO). 4. The attached QDRO has been prepared in order to accomplish the transfer of monies required by paragraph twenty (20) of the Property Settlement Agreement and the QDRO has been approved by the authorized representative of Aetna. 5. The parties desire that the QDRO be entered so that it may be forwarded to ING for the purpose of accomplishing the required transfer of monies from Defendant's retirement account to Plaintiff. WHEREFORE, the parties hereto, intending to be legally bound hereby, jointly request that the attached Qualified Domestic Relations Order (QDRO) be issued by the Court. i L / ) - MAX J. SMITH, JR., SQUIRE Attorney for Sherman E. Thurston, III W cv, GU r? c_ WITNESS LAIJI&Z rot? 4xr?zv? - H RMAN E. THURST , III, Plaintiff ILA A. THURSTON, Defendant a SHERMAN E. THURSTON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2006-3136 CIVIL TERM, SHEILA A. THURSTON, CIVIL ACTION - LAW mac Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This matter having come before the court, as a Decree in Divorce was granted on January 19, 2012, which included a Property Settlement Agreement containing certain provisions dealing with the Aetna, Inc. 401(k) Plan of Sheila A. Thurston (the "Plan"). The court now orders the following as required to carry forth such provisions; the following retirement plan dispositions are made in accordance with 29 U.S.C. Section 105 ERISA Section 206(d) and IRS Code Section 414(p) governing the division of retirement benefit marital property, and the following facts. PARTIES TO THIS ORDER 1. Plan Participant and current address: Sheila A. Thurston, 816 Flintlock Ridge Road, Mechanicsburg, PA 17055. 2. Participant's Date of Birth: November 5, 1964. 3. Participant's Social Security Number: 079-66-2578. 4. Alternate Payee's Name and Address: Sherman E. Thurston, III, 115 S. Arch Street, Mechanicsburg, PA 17055. 5. Alternate Payee's Date of Birth: February 23, 1963. 6. Alternate Payee's Social Security Number: 036-48-2715. 7. This Order applies to benefits under Aetna 401(k) Plan, c/o ING, 8900 Freedom Commerce Parkway, Jacksonville, FL 32256 RETIREMENT BENEFITS ING is directed to transfer from the Plan Participant's Aetna 401(k) Plan the sum of $90,000.00, to the Alternate Payee, as soon as practical after the execution of this document. To the extent that the Participant has amounts held in different investment funds, sub- accounts or tax status accounts, then a "pro-rata" portion of the total amount of the Alternate Payee's benefits shall come from each such fund or sub-account of the Participant. This Order does not require the Plan to provide any payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. Death of Alternate Payee: In the event of Alternate Payee's death prior to his receiving the full amount of benefits called for under this Order, his remaining share of the benefits shall be paid to his designated beneficiary. If no beneficiary designation is in effect at the Alternate Payee's death, any remaining amount of the Alternate Payee's share of the benefits shall be paid in accordance with the Plan rules that apply when no beneficiary designation is in effect for a Participant. Death of Participant: In the event of the Participant's death, her death shall in no way affect Alternate Payee's right to the portion of his benefits as stipulated herein. However, the Alternate Payee will not be entitled to any survivor benefits attributable to the remaining portion of the Participant's benefits under the Plan unless the Participant, independently of the Order, has designated the Alternate Payee as a beneficiary. However, if the Participant remarries, any such designation would be subject to the spousal rights of the subsequent spouse provided by ERISA, the Code and the terms of the Plan. Nothing contained in this Order shall in any way require the plan to provide any form, type, or amount of benefit not otherwise available by law. It will be the responsibility of each party to keep the Plan Administrator apprised of their current address. Each party to this Order will be responsible for the tax liabilities incurred incident to their receipt of the pension plan awarded to them. It is further ordered that a true copy of this Order be served upon the agent for legal service for Aetna and shall take effect immediately and shall remain in effect until further Order of the court. Until this Order is accepted by the plan administrators this co rt shall retain jurisdiction to modify the same. Dated at Carlisle, Pennsylvania, this 6 hh day of 2012. BY THE COURT: J. Distribution: ZMax J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033-0650 717-533-3280 717-533-2795 (Fax) Email: mjs@jsdc.com Sheila A. Thurston, pro se 816 Flintlock Ridge Road Mechanicsburg, PA 17055 Co ? ? S rn? i ?fcl,